Chandra Shekhar Kumar @ Chandra Shekhar Kumar Shashi And Ors vs State of Jharkhand And Ors

Heard Mr. Aashish Kumar, learned counsel for the petitioners and Mr. Sardhu Mahto, learned A.P.P. for the State. None appears on behalf of the opposite party no. 2 in spite of valid service of notice.

The petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Complaint Case No. 847/2019.

For the purpose of marriage the accused persons had taken an amount of Rs. 4,500/- towards engagement as well as Rs. 3,50,000/-. It has been alleged that neither the accused persons had solemnized the marriage nor had returned the amount.

It appears that the the petitioner no. 1 is the would be bridegroom and so far as the petitioner no. 3 is concerned the allegation against him is that it was in his presence the money was handed over to the petitioner no. 2. Therefore, it appears that the petitioner nos. 1 and 3 does not have any role to play with respect to the entire transaction. The main accused petitioner no. 2 appears to be the father of the petitioner no. 1 who is aged about 70 years.

Considering the nature of allegations levelled against the petitioner nos. 1 and 3, they are directed to surrender before the learned trial court within a period of four weeks and on such surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1 st Class, Deoghar in connection with Complaint Case No. 847/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as the petitioner no. 2 is concerned although there is an allegation of accepting the money and having a prime role in the entire transaction but regard being had to the age of the petitioner no. 2, he is directed to surrender before the learned trial court within a period of four weeks and on such surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1 st Class, Deoghar in connection with Complaint Case No. 847/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.