Mahendra Singh @ Mahendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91274 of 2025 Arising Out of PS. Case No.-729 Year-2024 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.

Mahendra Singh @ Mahendra Prasad Singh S/o- Late Ramjanam Singh R/vGandhrap, P.O- Pogar, P.S. Rafiganj, Dist- Aurangabad 2.

Subodh Singh S/o- Badhu Singh @ Bachu Singh R/v- Mahdipur, P.ODosya, P.S.- Fesar Dist- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kedar Rai S/o- Late Kapil Rai R/v- W.No-19, DRL Colony Chuna Road Po Ps- Dalmiyanagar Dist- Rohtas, A/P- DRL, Railway Q.NO-88, Jakhi BIgha Ps- Dehri On Sone Dist- Rohtas ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1162 of 2026 Arising Out of PS. Case No.-729 Year-2024 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Sachin Singh @ Sachin Kumar Son of Mahendra Prasad Singh @ Mahendra Singh R/o Village - Gandharap, P.S. - Rafiganj, Dist. - Aurangabad(Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kedar Rai Late Kapil Rai DRL railway quarter no. 88, Jakhi bigha, P.S. Dehri On-sone 2.

Kedar Rai Son of Late Kapil Rai R/o Village - Ward no. 19, D.R.L. Colony, Chuna Road, P.O. and P.S. - Dalmianagar, Dist. - Rohtas, at present residing at D.R.I. Railway quarter no. 88, Jakhi Bigha, P.S. - Dehri - on - Sone, Dist. - Rohtas(Bihar).

... ... Opposite Party/s

2/5 ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 91274 of 2025) For the Petitioner/s :

Mr. Aman Vishal For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur (In CRIMINAL MISCELLANEOUS No. 1162 of 2026) For the Petitioner/s :

Mr. Aman Vishal For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-04-2026

1. Heard learned counsel for the petitioners, learned counsel for the opposite party no. 2 and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 729 of 2024, dated 06.07.2024, disclosing offences under Sections 318(4)/406/61 of the Bhartiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act, however, learned Magistrate has taken cognizance under Sections 115 (2) and 316(2) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per complaint lodged by opposite party no. 2, is that the engagement ceremony of the complainant's daughter was performed with Sachin Singh @ Sachin Kumar (petitioner in Cr. Misc. No. 1162 of 2026) on 14.03.2023. The complainant transferred a sum of Rs. 1,00,000/- in the bank account of Sachin Singh on 05.09.2023. Further, on 22.09.2023, complainant transferred a sum of Rs. 50,000/- in bank

3/5 account of Sachin Singh and thereafter transferred a sum of Rs. 2,00,000/- in Sachin Singh's bank account, thus, a total sum of Rs. 3,50,000/- was transferred through online transaction. The date of other ceremonies i.e. Tilak and Marriage was fixed on 04.03.2024, however, the complainant came to know that Sachin Singh (petitioner in Cr. Misc. No. 1162 of 2026) has solemnized marriage with another girl, namely, Puja Kumari, on 21.02.2024 at Ghaziyabad, Uttar Pradesh.

4. Learned counsel for the petitioners submits that Sachin Singh (petitioner in Cr. Misc. No. 1162 of 2026) was having love affair with some another girl and he performed marriage with her prior to the date fixed for marriage of petitioner-Sachin Singh with the daughter of complainant. He further submits that pursuant to the order, dated 23.02.2026, of the Co-ordinate Bench of this Court, the petitioner-Sachin Kumar has issued a cheque, bearing cheque no. 029096, of a sum of Rs. 50,000/- in the favour of Kedar Ray and the cheque has been handed over by learned counsel for the petitioners to Mr. Dharmendra Kumar Singh, learned counsel for the opposite party no. 2, in the Court itself. Learned counsel

4/5 further submits that balance amount of Rs. 2,10,000/- shall be paid by way of Demand Draft prepared in the name of opposite party no. 2 (Kedar Ray) on the date of furnishing bail bond by the petitioners.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that a sum of Rs. 50,000/- has already been paid in Court and petitioners are ready to pay the balance amount of Rs. 2,10,000/- by way of Demand Draft, I am inclined to grant the petitioners privilege of anticipatory bail, subject to the condition that a Demand Draft of a sum of Rs. 2,10,000/- prepared in favour of opposite party no. 2 shall be handed over by the petitioners to opposite party no. 2 at the time of furnishing bail bond.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail 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, Rohtas, in

5/5 connection with Complaint Case No. 729 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 and further subject to the aforesaid condition.

(Anil Kumar Sinha, J) ashwani/- U T