Ramasish Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16324 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -SOHAIL P.S District- GAYA ====================================================== Ramasish Kumar S/o Dukhi Ravidas @ Dwarika Ravidas Resident of Vill. Salaiya, P.S. Suhail Salaiya, Distt. Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Basudeo Das S/o Late Koleshwar Das, resident of vill.- Bhusunda Walapar, P.S. Muffasil, District- Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hemant Kumar, Advocate. For the Opposite Party/s : Mr. P.N. Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner, learned A.P.P. and learned counsel appearing for the informant. The petitioner apprehends his arrest in Sohail P.S. Case No. 5/2016 registered under Sections 406, 420 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner is a bride-groom. It is alleged that the informant gave Rs. 25,000/- for the purpose of marriage of his daughter with the petitioner but later on hefty demand of dowry was made and negotiation was broken. Sri Yogesh Chandra Verma, learned senior counsel for the petitioner, submits that the petitioner has already returned the amount. The marriage was not solemnized because the bride was a minor.

On the other hand, learned counsel for the informant

Patna High Court Cr.Misc. No.16324 of 2016 (3) dt.05-07-2016 2/2 submits that on the next day the petitioner solemnized marriage with another girl after taking huge amount in dowry. The petitioner has not returned the amount given by the informant. On such, Sri Yogesh Chandra Verma, learned senior counsel, submits that the petitioner is ready to return Rs. 30,000/- within one month.

Considering the facts aforesaid, if the petitioner returns Rs. 30,000/- to the informant within one month next, the petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri G.N. Dubey, Judicial Magistrate, 1st Class, Gaya in Sohail P.S. Case No. 5/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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