Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15907 of 2016 Arising Out of PS.Case No. -538 Year- 2015 Thana -MANER District- PATNA ====================================================== Ajay Kumar S/O Heman Sao Resident of Village- Bhadasi, P.S.-Arwal, District- Arwal.

.... .... Petitioner/s

Versus

The State of Bihar .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 420 and 406 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. Prosecution case, in brief, is that marriage of informant's daughter Rashmi Kumari was settled with one Munna Kumar. An amount of Rs. 11, 11, 000/-, by way of dowry, was given to the bridegroom party but on the date of marriage, due to non-payment of additional dowry, they refused to marry Rashmi Kumari. It is submitted on behalf of the petitioner that he has got no criminal antecedent.

As per allegation, money by way of dowry was given to the father of one Munna Kumar. Petitioner happens to be Phupha of the said Munna Kumar. The father of Munna Kumar had taken family loan of Rs.8 lacs from the informant which has already been returned to the informant. The said fact is evident from perusal of the order passed in Cr. Misc. no. 9848 of 2016 by which the other co-accused have been granted anticipatory bail.

On behalf of the State, it is submitted that petitioner is

Patna High Court Cr.Misc. No.15907 of 2016 (2) dt.16-05-2016 2/2 named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri A; K. Thakur, learned Judicial Magistrate- Ist Class, Danapur (Patna), in connection with Maner P.S. Case no. 538 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T