Santosh Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32540 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- BANMANKHI District- Purnia ====================================================== 1.

Santosh Kumar Rajak, Son of Sri Mahendra Prasad Rajak Resident of Kolhaipatti, Ward No. -06, Raghunathpur, P.S.- Murliganj, Madhepura. 2.

Rajendra Rajak Son of Late Kari Rajak Resident of Village- Dibra, PostDibra Bazaar, P.S.- Barharakothi, Dibradhani, Purnia. 3.

Pradeep Kumar @ Pradeep @ Pradeep Sah Son of Sri Buchho Sah Resident of Chakla, Near BSNL Tower, Banmankhi, Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate, Mr.Avinash Kumar, Advocate, Mr. Krishna Chandra, Advocate, For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Banmankhi P.S. Case no. 34 of 2019, registered under Sections 406, 420, 376 and 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is that the marriage of the informant was fixed with Prvin Kumar Rajak, son of Late Mahendra Rajak, resident of village-Banmankhi, P.S. Banmankhi, District-Purnea and Tilak ceremony was also performed and the date of marriage was fixed on 29.11.2017, but in the meanwhile, Pravin Kumar Rajak made demand of

Patna High Court CR. MISC. No.32540 of 2019(2) dt.16-05-2019 2/2 Rs. Ten Lakhs to purchase land at Patna in the name of the informant. Thereafter, parents of informant gave Rs. Ten lakhs to Pravin Kumar, who got executed the sale deed in his name and in the name of his brother. Thereafter, information was given to perform the marriage after mains examination of BPSC. But, after completing the mains of BPSC, Pravin Kumar refused to get marry with the informant unless cash of Rs. 25,00,000/- will be given to him.

Learned counsel for the petitioner submits that petitioner No.1 is the brother-in-law, petitioner No.2 is uncle and petitioner No.3 is the driver of family of Pravin Kumar and they have falsely been implicated in this case without any specific overt act against them.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia, in connection with Banmankhi P.S. Case No. 34 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T