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Patna High CourtCR. MISC./32648/2015bail granted

Paras Prasad v. The State Of Bihar

2015-08-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32648 of 2015 Arising Out of PS.Case No. -197 Year- 2014 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Paras Prasad, age 56 years, Son of Kameshwar Prasad, Mohalla - Sekhpura, Thana - Ramkrishna Nagar, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anand Kumar, Advocate For the Opposite Party/s : Mr. Mustaque Alam (A.P.P.) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Ramkrishna Nagar P.S. Case No. 197 of 2014, disclosing offences under Sections 498(A), 504 and 323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The petitioner is the father-in-law of the informant. Allegation, as per the prosecution case is that the informant and petitioner's son had eloped and got married, which was not acceptable to the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted, referring to the First Information Report,

Patna High Court Cr.Misc. No.32648 of 2015 (2) dt.14-08-2015 2/2 that there is no specific allegation of demand of dowry and such demand, if any, is vague. He has further submitted that other allegations levelled against the petitioner by the informant, as appearing in the First Information Report, are not trustworthy in the facts and circumstances of the case.

Considering the aforesaid submission, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna in connection with Ramkrishna Nagar P.S. Case No. 197 of 2014, 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 bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T