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Patna High CourtCR. MISC./2353/2019bail granted

Harendra Kumar @ Harendra Prasad v. The State Of Bihar And ANR

2019-03-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2353 of 2019 Arising Out of PS. Case No.-886 Year-2017 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Harendra Kumar @ Harendra Prasad, Son of Late Jaganath Prasad Resident of Village- Karpi, P.S.- Karpi, District - Arwal ... ... Petitioner/s

Versus

1.

The State Of Bihar and Anr Bihar 2.

Kishor Prasad, Son of Late Rambali Saw Resident of Bas Stand Rafiganj, P.S.-Rafiganj, District - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 886/2017, disclosing offences under Sections 406 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Allegation as per F.I.R is that marriage of daughter of complainant was fixed for that the petitioner and his family embers demanded dowry, for which the complainant give Rs. 3,51,000/- to them but later on petitioner and his family members demanded Rs. 10,00,000/- as dowry and on non payment of the said demand by the complainant, they refused to marry the petitioner with daughter of complainant Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.2353 of 2019(3) dt.07-03-2019 2/2 except the vague allegation, there is nothing available on record to show that they have given any money to the petitioner or his family members. Further submission is that other co-accused of this case has already been granted the privilege of anticipatory bail by this Court vide order dated 17.01.2019 passed in Cr. Misc. No. 2335 of 2019.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Complaint Case No. 886/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the condition that petitioner will cooperate in disposal of trial, otherwise, the bail bond of the petitioner shall stand cancelled.

(Vinod Kumar Sinha, J) sunilkumar/- U T