Laxmi Kant Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80213 of 2019 Arising Out of PS. Case No.-273 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== LAXMI KANT PATHAK (M), aged about 65 years, Son of Late Bhuneshwar Pathak, Resident of Village-Jhajhihat Pathak Tola, P.S.-Pupri, DistrictSitamarhi. ... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Satya Narayan Jha, Son of Late Subudhlal Jha, Resident of Village-Bangaon, P.S.-Bajpatti, District-Sitamarhi.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Ritesh Kumar Narain Singh, Advocate.

For the State :

Mr.Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 420 and 506 of the IPC. The prosecution story, in brief, is that the petitioner had taken money from the complainant on the pretext of marriage of his son with the complainant's daughter and the complainant also deposited Rs. 40,000/- in the account of the petitioner.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.80213 of 2019(2) dt.06-12-2019 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. A complaint case has been filed alleging therein that the marriage of the petitioner's son was settled with the daughter of the complainant. Later on, the son of the petitioner has denied to perform marriage with the daughter of the complainant. Hence, the present case has been instituted. It is further submitted that marriage of the son of the petitioner was never settled with the daughter of the complainant. There is no substantive evidence to suggest the allegation made in the complaint case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class (Pupri), Sitamarhi, in connection with Complaint Case No. C1-

Patna High Court CR. MISC. No.80213 of 2019(2) dt.06-12-2019 3/3 273/2016, Trial No. 1499/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T