Harihar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15320 of 2018 Arising Out of PS.Case No. -258 Year- 2016 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Harihar Singh, son of Late Sita Singh @ Sitaram Singh @ Sita Ram Mahto, Resident of Village- Kalibigha, P.S. Tilauthu, District- Rohtas, at present Sector 8, Gali No. 46, Qr.No. 1427 B.S.T. Bokaro, P.S. Harla, District Bokaro (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shiv Narayan Singh, son of Shree Prakash Singh, Resident of VillageManhania, P.S. Tilauthu, District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends arrest in connection with Complaint Case No.258 of 2016 registered for the offences under Sections 420 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

It has been submitted that the allegation of demand of dowry is false and fabricated. The informant did not perform the marriage of his daughter with the son of this petitioner, as the son of the petitioner was not in regular service. The informant settled the marriage of his daughter at different place and has performed

Patna High Court Cr.Misc. No.15320 of 2018 (2) dt.09-04-2018 marriage with another boy. The money which was voluntarily given by the informant for making arrangement has already been returned to the informant and so no offence under Dowry Act or under Section 420 of I.P.C. is made out.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No.258 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Kumar, J) Harish/- U