Allowed

Rohan Kumar v. The State Of Jharkhand

Jharkhand HC15 Apr 2015A.B.A./894/2015

Case brief

AI extract

What is this about?

This common order disposed of two anticipatory bail petitions under Sections 406/420 IPC arising from a dispute over unpaid marriage expenses. The court directed the petitioners to surrender within three weeks on furnishing a bail bond with sureties under Section 438(2) Cr.P.C.

What did the court decide?

Direction to surrender within three weeks and release on bail of Rs. 10,000 each with two sureties.

Rohan Kumar Vs The State Of Jharkhand — Cheating and Forgery | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 762 of 2015 with

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A.B.A. No. 894 of 2015

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Pradip Kumar @ Pradeep Kumar……Petitioner (in A.B.A. No.762 of 2015) Rohan Kumar …… Petitioner (in A.B.A. No.894 of 2015)

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Versus

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The State of Jharkhand …… Opposite Party

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--------- CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY

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For the Petitioners : Mr. Nilesh Kumar, Advocate For the Informant : Mr. Gopal C. Sahu, Advocate For the State : A.P.P.

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Order No.03 Dated: 15th April, 2015

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Both the anticipatory bail petitions arising out of Kotwali (Sukhdeonagar) P.S. Case No.1106 of 2014, registered under Sections 406/420 I.P.C., are heard together and disposed of by this common order.

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There is allegation that the informant has arranged and provided tent facilities, supplied utensils and beddings in the marriage ceremony of daughter of the petitioner no.1. The informant raised a bill for Rs.1,02,000/but the same has not been paid and the petitioners kept on promising to pay the same always on future dates and by this way they have consumed about two years time.

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It is submitted that petitioners have already cleared all the dues against installation of tent, decoration, supply of utensils and beddings but now the informant has raised exorbitant bill and demanding further sum of Rs.1,02,000/. Even to avoid litigation, without being prejudiced, the petitioners are ready to pay the said sum of Rs.1,02,000/- if the informant undertakes to settle the dispute and withdraw the prosecution. It is further pointed out that the informant shall be at liberty to file money suit for realising the amount, if remain outstanding against the petitioners.

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Learned counsel appearing for the informant has opposed the

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prayer for bail and submitted that it is a police case which could not be withdrawn by him before submission of the chargesheet. Due to the nonpayment of the amount, the informant suffers financial crisis and during that period his wife had not only left him but also lodged a case under Section 498-A I.P.C. for which he remained in jail custody. The petitioners have not stated as to how that period of detention shall be compensated.

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Be that as it may, if the petitioners fail to pay the amount against installation of tents and supply of utensils etc., the informant shall be at liberty to file money suit for realisation of the amount.

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Considering all these aspects, above named petitioners are directed to surrender before the Court below within a period of three weeks from today and on such surrender they are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned S.D.J.M., Ranchi in connection with Kotwali (Sukhdeonagar) P.S. Case No.1106 of 2014 corresponding to G.R. Case No.7050 of 2014 subject to the conditions laid down under Section 438(2) Cr.P.C.

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(D. N. Upadhyay, J.)

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NKC

Rohan Kumar v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Rohan Kumar v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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