Krishna Rai @ Krishna Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19449 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== KRISHNA RAI @ KRISHNA RAY, Son of Gaya Lal Sah, Resident of Village - Adilpur (Idilpur), P.S.-Dariyapur, District -Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakti Suman Kumar, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 03.01.2019 in a case registered for the offences punishable under Sections 3/4 of the Dowry Prohibition Act. The prosecution case as per the written report of Nand Kumar Rai submitted to the S.H.O., Dariyapur P.S. is to the effect that the informant settled the marriage of his daughter namely, Shweta Kumari with the son of the petitioner namely, Navin Nischal Roy @ Nobin Nishchay @ Tarkeshwar Kumar. The date of Tilak ceremony was fixed on 01.05.2018, the dated

Patna High Court CR. MISC. No.19449 of 2019(2) dt.01-04-2019 2/3 of marriage was fixed on 03.05.2018 and in the meantime, engagement ceremony was held on 02.01.2018 and Chekha ceremony was also held on 27.02.2018. Thereafter, further dowry demand of Rs.10,00,000/- and a Bolero vehicle was made and due to non-fulfillment of the same, the FIR named accused persons were not ready to perform the marriage. It is submitted by learned counsel for the petitioner that only because the petitioner's side declined to the marriage with the daughter of the informant, the accusation has been levelled against the petitioner. It is further submitted that the son of the petitioner namely, Navin Nischal Roy @ Nobin Nishchay @ Tarkeshwar Kumar has been granted privilege of anticipatory bail by Co-ordinate Bench of this Court, vide order dated 29.01.2019 passed in Cr. Misc. No.3955 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the thrust of accusation is against the petitioner.

Considering the nature of accusation and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail,

Patna High Court CR. MISC. No.19449 of 2019(2) dt.01-04-2019 3/3 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Saran at Chapra in connection with Dariyapur P.S. Case No. 107 of 2018.

(Dinesh Kumar Singh, J) Deepak/- U T