Vikash Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66036 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Vikash Bharti S/o late Ashok Kumar Resident of Kaushmung Mansion, Shivpuri, P.S. Gardanibagh, District- Patna-2, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 66 of 2018 registered for the offence punishable under Sections 376/420/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is the elder brother of the boy with whom there was some matrimonial alliance with the victim girl. It appears that for one reason or the other, the marriage could not take place and, therefore, the present F.I.R. has been lodged levelling allegations against the present petitioner as well as other

Patna High Court Cr.Misc. No.66036 of 2018(2) dt.19-12-2018 2/2 members of the family.

Learned counsel for the informant submits that the petitioner is not entitled to the privilege of pre-arrest bail as he has been actively abetting in non-performance of the marriage though the marriage was fixed between the petitioner's brother and the informant. The allegation under Section 376 of the I.P.C. as against the petitioner is that of an abettor and, therefore, he need not be extended the privilege of anticipatory bail. Considering the entire facts and circumstances of the case and the nature of allegations levelled against the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna, in connection with Mahila P.S. Case No. 66 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Anjana Mishra, J) Saif/- U T