Rana Kumar @ Rana Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42599 of 2019 Arising Out of PS. Case No.-2361 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RANA KUMAR @ RANA KUMAR RAM, aged about 24 years, Male, S/o Ram Avatar Ram R/o village- Parsa Maiye, P.S.- Majhauli, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramashish Ram, aged about 57 years, Male, Son of Bagad Ram Resident of Village-Mathlohiyar, P.S-Harsidhi, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2019 Heard both sides.

The petitioner apprehends his arrest in Trial No.2253 of 2018(arising out of Complaint Case No.C-2361 of 2017) registered under Section 420 of the Indian Penal Code and under Section 4 of Dowry Prohibition Act.

The gist of the allegation is that the complainant approached the father of the petitioner for negotiation of marriage of his daughter. The marriage was settled but later on due to additional demand of dowry the settlement was broken and the money given by the complainant to the father of the petitioner was not returned.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.42599 of 2019(2) dt.10-07-2019 2/3 petitioner did not pay any role to the settlement of marriage of the daughter of the complainant with the petitioner. The complainant approached the father of the petitioner and the father of the petitioner took money from the complainant but the entire amount was returned. It is submitted that the father of the petitioner has already been granted anticipatory bail by order dated 02.04.2019 passed in Cr. Misc. No.18130 of 2019, therefore, the petitioner also deserves anticipatory bail. Learned A.P.P. opposed the prayer for anticipatory bail and submitted that the entire amount received by Ram Avatar Ram, father of the petitioner has not returned as yet.

Taking into consideration the facts aforesaid and the fact that marriage of the petitioner was settled with the daughter of the complainant and there is no allegation against the petitioner that the petitioner received any dowry or money from the complainant, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Motihari, East Champaran in connection with Trial No.

Patna High Court CR. MISC. No.42599 of 2019(2) dt.10-07-2019 3/3 Complaint Case No.C-2361 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T