Awadhesh Kumar @ Awadhesh Prasad v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2335 of 2019 Arising Out of PS. Case No.-886 Year-2017 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Awadhesh Kumar @ Awadhesh Prasad 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 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 17-01-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 886 of 2017, disclosing offences under Section 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Allegation as per complaint petition is that marriage of daughter of complainant was fixed with the Harendra Kumar @ Harendra Prasad and accused persons demanded Rs. 30 lakhs to be spent on marriage, out of which, the complainant gave them Rs. 3,51,000/- but later on they refused to marry the daughter of complainant and also refused to return the money. Submission of learned counsel for the petitioner is that he happens to be brother of the Harendra Kumar @
Patna High Court Cr.Misc. No.2335 of 2019(2) dt.17-01-2019 2/2 Harendra Prasad, with whom the marriage of daughter of complainant was fixed. Moreover, there is no chit of paper and any evidence to show that the complainant has given any money.
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 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T