Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16620 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== JITENDRA KUMAR Son of Krishna Rai @ Krishna Ray, Resident of Village- Adilpur (Edilpur), P.S.- Dariyapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 107 of 2018 for the offences punishable under Sections 3 /4 of the Dowry Prohibition Act, 1961. The allegation is regarding the accused persons having demanded dowry after settlement of marriage of the coaccused person, namely, Tarkeshwar Prasad @ Navin Nishchay with the daughter of the informant.

The learned counsel for the petitioner submits that the petitioner is the brother of the proposed husband of the daughter of the informant and has got nothing to do with the alleged incident and moreover, so-called proposed husband of the daughter of the informant has already been granted bail. It is

Patna High Court CR. MISC. No. 16620 of 2019(2) dt.29-03-2019 2/2 lastly submitted that the petitioner has been falsely implicated in the present case and, in fact, no marriage had either taken place or had been settled between the parties. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 05.01.2019.

Per contra, the learned counsel for the informant requests that the matter be sent for mediation, however, this Court is not inclined to accede to the request of the informant and can only observe that the informant is free to approach the learned trial court for referring the matter for mediation. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Chapra at Saran in connection with Dariyapur P.S. Case No. 107 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T