Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
Guddu Kumar was arrested on allegations of cheating, extortion, assault and threats in a marriage fraud case where the informant claimed to have paid Rs.10 lakh as a marriage gift which the accused allegedly retained and demanded more money. The petitioner contended he received no money and was falsely implicated to coerce him into marrying the informant's daughter. The State opposed his anticipatory bail, emphasizing the seriousness of the charges under the Bharatiya Nyaya Sanhita. The court examined the nature of the accusations, the risk of tampering with evidence and the alleged violent conduct. Concluding that the allegations were grave and the petitioner could influence the investigation, the court refused anticipatory bail. The bail application was therefore dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations of cheating, extortion, assault and threats under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(1), 316(2), 318(4), 3(5), 352
Subjects
- anticipatory bail
- cheating
- marriage fraud
- assault
- Bharatiya Nyaya Sanhita
- criminal law
- extortion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.788 of 2026
Arising Out of PS. Case No.-848 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Guddu Kumar S/o Avdhesh Ravidas Resident of Village- Khushrupur, Bhuski,
Ward No- 09, Police Station- Khushrupur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manki Devi W/o Late Chandeshwar Mochi R/o Harnichak, P.S.-
Phulwarisharif, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Phulwarisharif P. S.
Case No. 848 of 2025 registered for the offences punishable
under Sections 126(1), 115(2), 316(2), 318(4), 352, 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the prosecution story, the informant has
alleged that while searching for a suitable groom for her
daughter Priyanka Bharti, she was introduced to this petitioner,
who was allegedly working in the Railways, through a mediator.
After meetings between the families on 21.07.2024 and
23.07.2024, the accused persons agreed to the marriage and
Chheka ceremony was performed, during which the informant
Patna High Court CR. MISC. No.788 of 2026(3) dt.20-02-2026
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paid a total sum of Rs, 10,00,000/- in cash as gift/advance,
supported by photographs and video. Thereafter, the accused
persons repeatedly avoided fixing the marriage date and, on the
pretext of house renovation, demanded and obtained further
money. When the informant later on visited their house on
21.05.2025 to finalize the marriage, the accused persons
demanded an additional amount of Rs. 10,00,000/- and stated
that they had another proposal offering Rs. 20,00,000/-. Upon
demanding return of the amount already paid, the informant and
her son were abused and her son was assaulted, and the accused
flatly refused both to solemnize the marriage and to return the
money. It is further alleged that due to the accused persons’ acts
of cheating, abuse, assault, and threats, the informant’s daughter
suffered humiliation, loss of social prestige, and was even
instigated to commit suicide.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case only with a view to
pressurize him to solemnized marriage with the daughter of
informant. Petitioner has not received any money from the
informant and informant has not disclosed as to how the alleged
Rs. 10 lacs were paid to the petitioner. Petitioner claims clean
Patna High Court CR. MISC. No.788 of 2026(3) dt.20-02-2026
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antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner is named in the
F.I.R. with specific accusation that he along with other accused
persons took Rs. 10 lacs from the informant to solemnize
marriage and thereafter refused to marry.
6. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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