Jitendra Sao @ Jitendra Kumar Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61666 of 2017 Arising Out of PS.Case No. -250 Year- 2016 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Jitendra Sao @ Jitendra Kumar Sao, son of Sri Jageshwar Sao, resident of village - Jiwa Bigha, Police Station - Amba, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Ram Bilash Sao, S/o late Dashrath Sao, resident of village- Samda, P.O.- Kutumba, P.S. Kutumba, Dist Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhanu Pratap Singh, Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.250 of 2016 instituted for the offence under Section(s) 406 Indian Penal Code and Section 4 of the Dowry Prohibition Act. Counsel for the petitioner has submitted that there is general and omnibus allegation against him.

In the Complaint Petition, it is alleged that marriage of this petitioner was settled with the daughter of the Complainant. The marriage could not be performed as the accused persons made demand of rupees five lac cash, which the Complainant refused to oblige.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.61666 of 2017 (3) dt.16-02-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.250 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T