Uttam Mitra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29383 of 2024 Arising Out of PS. Case No.-236 Year-2022 Thana- SAHAJITPUR District- Saran ====================================================== Uttam Mitra Son of Kali Charan Mitra R/o House No.-07, Nutan Vihar, Gopi Kishan Apartment, P.S.- Sonari, District- Jamshedpur (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Pandey, Advocate For the Opposite Party/s :
Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sahajitpur P.S. Case No. 236 of 2022 dated 02.11.2022, instituted for the offence punishable under Sections 504, 506, 509, 406, 420, 354(A)(C)/354 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. The prosecution case, in short, is that the marriage of informant's daughter namely Sudha Bindu Kumari was fixed with Abhishek Das. On 02.12.2022, the petitioner and his family members demanded Rs. 15 lakhs and a car as dowry from the informant., The informant paid Rs. 10 lakh and assured to give rest amount and car at the time of marriage. In the month of September 2022, Abhishek Das tried to establish physical
Patna High Court CR. MISC. No.29383 of 2024(2) dt.15-05-2024 2/3 relation with the informant's daughter and when she refused to do so, then Abhishek Das refused to marry her and his family members also supported him in this wrong doing.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the specific allegation is against Abhishek Das. The petitioner is the brother-in-law of Abhishek Das. It is further submitted that petitioner has no concern with the negotiation of the marriage of his brother-in-law. It is further stated that the marriage was fixed between Abhishek Das and Sudha Bindu Kumari but later on Abhishek Das and his parents refused to solemnize the marriage. It is also submitted that petitioner has no authority either to refuse or accept the marriage of the said persons. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sahajitpur P.S. Case No. 236 of 2022, he shall be released on anticipatory bail upon
Patna High Court CR. MISC. No.29383 of 2024(2) dt.15-05-2024 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Chapra, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) sankalp/- U T