Shiv Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13202 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== SHIV PRASAD Son of Sri Rameshwar Prasad Resident of VillagePuranchak, P.S.- Masaurhi, District- Patna, at present New Alkapuri, P.S.- Gardanibag, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kulanand Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Mahila P.S.case No.157 of 2018 dated 14.10.2018 , registered for offences punishable under Sections 354(D), 420, 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

Allegation against the petitioner and other accused persons is of demand of Rs.15 lac as dowry and due to that they broke the marriage between the informant and the son of the petitioner.

Submission of the learned counsel for the petitioner is that as a matter of fact due to some confusion, son of the petitioner is not ready to marry with the informant and as such

Patna High Court CR. MISC. No.13202 of 2019(2) dt.05-03-2019 2/2 the present case has been lodged in order to put pressure on the informant. No specific allegation has been attributed of demand of Rs.15 lac against the petitioner. He is a government servant and ready to abide by any condition imposed upon him. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Patna in connection with Mahila P.S.case No.157of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that he will co-operate in the investigation and he will appear as and when required; otherwise his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

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