← Library
Patna High CourtCR. MISC./83319/2019bail granted

Navin Kumar @ Navin Kumar Singh v. The State Of Bihar

2020-01-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83319 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

NAVIN KUMAR @ NAVIN KUMAR SINGH Son of Late Madhav Singh Resident of Mohalla- Jagdeo Path Bauliya Road, Sasaram, Ward No. 35, P.S.- Sasaram Town, District- Rohtas.

2.

Ravi Kumar Son of Late Madhav Singh Resident of Mohalla- Jagdeo Path Bauliya Road, Sasaram, Ward No. 35, P.S.- Sasaram Town, District- Rohtas. 3.

Priyanka Kumari Daughter of Late Madhav Singh Resident of MohallaJagdeo Path Bauliya Road, Sasaram, Ward No. 35, P.S.- Sasaram Town, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sheosagar Baddi P.S. Case No. 87 of 2019 for the offence registered under Section 420, 468/34 of the Indian Penal Code. The allegation levelled by the complainant is that he had settled the marriage of his daughter with the petitioner no. 1 and it was agreed that a dowry amounting to a sum of Rs. two lakhs would be given whereafter a sum of Rs. 1,10,000/- was handed over to the petitioners, however, subsequently the demand was raised to a sum of Rs. three lakhs and ultimately the petitioners refused to perform the marriage in question whereupon the connected complaint case is stated to have been lodged in the year 2011, however, the F.I.R. has been instituted in the year 2019. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present

Patna High Court CR. MISC. No.83319 of 2019(2) dt.21-01-2020 2/2 case. It is further submitted that the petitioners are having clean antecedent and there is no proof of the factum of a sum of Rs. 1,10,000/- having been given to the petitioners for the purposes of marriage and the allegations levelled in the complaint petition would show that the petitioners have been falsely roped in the present case with oblique motives.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel of the petitioners, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.

Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sasaram, District-Rohtas in connection with Sheosagar (Baddi) P.S. Case No. 87 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T