Mritunjay Kumar Singh @ Mritunjay Singh @ Bipul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14402 of 2019 Arising Out of PS. Case No.-144 Year-2016 Thana- KOPA District- Saran ====================================================== Mritunjay Kumar Singh @ Mritunjay Singh @ Bipul Singh, Son of late Prabhunath Singh, Resident of Village - Majlispur, P.S.- Kopa, Distt - Saran, Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Kopa Police Station Case No. 144 of 2016, disclosing offences under Sections 504/506/420/34 of the Indian Penal Code and Section 3/4 of the of the Dowry Prohibition Act, 1961. It is the case of the prosecution that after finalisation of negotiation of marriage with this petitioner, certain amount was paid as dowry. The marriage, however, could not materialize as the groom side wanted more money as dowry. Learned Counsel appearing on behalf of the petitioner has submitted that there is no legal evidence to support the case of the prosecution that any amount of dowry was paid. It has further been submitted that the persons who had allegedly
Patna High Court CR. MISC. No.14402 of 2019(2) dt.08-03-2019 2/2 participated in marriage negotiation have been allowed anticipatory bail by this Court, by order, dated 29.06.2018, passed in Criminal Misc. No. 34111 of 2018.
Considering the above submission, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Chapra, District - Saran, in connection with Kopa Police Station Case No. 144 of 2016 (Trial No. 2446 of 2018), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) ragini/- U T