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Patna High CourtCR. MISC./72377/2018disposed

Krishna Rai @ Krishna Ray And ANR v. The State Of Bihar

2019-01-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72377 of 2018 Arising Out of PS. Case No.-107 Year-2018 Thana- DARIYAPUR District- Saran ======================================================

1. Krishna Rai @ Krishna Ray S/o Gaya Rai

2. Jitendra Kumar S/o Krishna Rai@ Krishna Ray Both are R/o Village- Idilpur P.S. Dariyapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Bhaskar For the Opposite Party/s :

Mr.Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2019 The petitioners seek bail in anticipation of their arrest in connection with Dariyapur P.S. Case No. 107 of 2018 dated 23.04.2018 instituted for the offences under Section 3/ 4 of the Dowry Prohibition Act.

Mr. Anant Kumar Bhaskar, learned counsel for the petitioner seeks permission to withdraw the application with respect to petitioner No. 1/Krishna Rai, who has been arrested.

The application with respect to petitioner No. 1/Krishna Rai is dismissed as having become infructuous with his arrest.

The petitioner No. 2/Jitendra Kumar is stated to be the brother of the person whose marriage was fixed and for which marriage, money was demanded. For the aforesaid

Patna High Court Cr.Misc. No.72377 of 2018(3) dt.11-01-2019 2/2 demand of money and car by way of dowry, the marriage could not be solemnized.

The learned counsel for the petitioners has submitted that the demand is alleged to have been made by the boy whose marriage was to be solemnized/fixed. No role has been attributed to the petitioner No. 2 who is the younger brother of the proposed groom.

Regard being had to the aforesaid facts, the petitioner No. 2, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Saran at Chapra in connection with Dariyapur P.S. Case No. 107 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T