Omkar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30005 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Omkar Prasad S/O Late Ram Narayan @ Ram Narayan Ram R/O Mohalla-1 Br 80 Giddi A, Ramgarh, P.S-Giddi, District-Hajaribag (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Pratap Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 406 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act.

The prosecution case as per F.I.R is that the informant contacted this petitioner for solemnizing his daughter's marriage with the son of the petitioner. The petitioner demanded Rs. 8 lakhs along with gold ornaments and other household articles as dowry to the informant. It is alleged that informant handed over Rs. 4 lakhs as cash to the petitioner on 07.12.2019 and the marriage was fixed for 23.05.2020. The informant again paid Rs. 4 lakhs to the petitioner in his account through RTGS but

Patna High Court CR. MISC. No.30005 of 2021(3) dt.21-02-2022 2/3 after payment of the agreed amount, the petitioner started demanding additional Rs. 2 lakhs and a four wheeler and when the informant showed his inability to fulfill such demand, he refused to solemnize marriage of his son with the daughter of the informant. The petitioner also denied to return the money. It is submitted by learned counsel for the petitioner that daughter of the informant herself fled away before the date fixed for marriage. The petitioner has also spent Rs. 5 lakhs in the arrangements of marriage. The informant has only paid Rs. 4 lakhs to the petitioner through RTGS in his account. It is further submitted that in compliance of the order dated 11.02.2022, the petitioner has already deposited Rs. 4 lakhs in the account of the informant. The deposit slip and the statements of the account of the petitioner showing transfer of Rs. 4 lakhs through RTGS has been brought on record as Annexure-2 series of the supplementary affidavit filed on behalf of the petitioner.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like

Patna High Court CR. MISC. No.30005 of 2021(3) dt.21-02-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 52 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T