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Patna High CourtCR. MISC./86129/2023allowed

Yogesh Singh v. The State Of Bihar

2024-01-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86129 of 2023 Arising Out of PS. Case No.-196 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Yogesh Singh S/O Sugriv Singh Village- Fuli, Ps. Dildar Nagar, Dist. Gajipur (U.P.) At Present R/O Bodhibala, Ps. Guruhar Sahay, Dist. Firojpur (PUNJAB).

2.

Rajesh Singh S/O Sugriv Singh Village- Fuli, Ps. Dildar Nagar, Dist. Gajipur (U.P.) At Present R/O Bodhibala, Ps. Guruhar Sahay, Dist. Firojpur (PUNJAB).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Murari Mishra For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 406, 420, 120(B), 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the marriage of informant's daughter was fixed with petitioner no. 1 and engagement was performed but later on the marriage was not performed due to some dispute between the parties. It is alleged that after engagement some amount on different dates was transferred in the account of the petitioners, but the petitioners refused to return the same to the informant.

Patna High Court CR. MISC. No.86129 of 2023(2) dt.18-01-2024 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners have already returned the said amount i.e. Rs. 3,50,000/- to the informant. He further submits that there is compromise between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Buxar Industrial P.S. Case No.196 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T