Badrul Hoda @ Badrul Hoda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47575 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAHILA P.S. District- SHEOHAR ====================================================== Badrul Hoda @ Badrul Huda, Son of Md. Kalimullah, R/o Village- Khotha, P.S.- Belsand, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 09-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sheohar (Mahila) P.S. Case No.10 of 2017/G.R. No.286 of 2017 registered under Sections 420 and 504/34 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act. The allegation of the informant Md. Iftekhar Ahmad is that the marriage of his daughter was settled with the petitioner and, accordingly, engagement ceremony was performed. On that occasion, the informant gave Rs.5,00,000/- cash, ornaments, etc. but, thereafter, the petitioner and his other family members made demand of L.C.D. T.V., motorcycle and Cash Rs.2,00,000/- as additional dowry and refused to perform the marriage with the daughter of the informant.

Patna High Court Cr.Misc. No.47575 of 2017 (2) dt.09-10-2017 2/2 Learned counsel for the petitioner submits that, in fact, the informant was ready to perform the marriage of his daughter with the petitioner and also talked to the father of the petitioner but the petitioner was not ready to perform the marriage as he is unemployed and doing the job of tuition. Only to put undue pressure upon the petitioner and his family members, the informant has lodged this false case. Moreover, the father of the petitioner and his other family members have already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 17.08.2017 passed in Criminal Misc. No.34622 of 2017. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheohar, in connection with Sheohar Mahila P.S. Case No.10 of 2017/G.R. No.286 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T