Balram Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41682 of 2015 Arising Out of PS.Case No. -287 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Balram Kumar, Son of Ram Janam Rai,

2. Ram Janam Rai @ Ram Janam Singh, age about 55 years, S/o Late Ganga Singh, Both are the Residents of Village- Rahimpur, P.S.- Bidupur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Prasad, S/o Late Dukhit Rai, Jethuli, Kachhi Dargah PS- Fatuha, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh-I (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

09-12-2015 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 287/2014, registered for the offences punishable under Section 406, 420 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The complainant made allegation that the petitioners took money for settlement of marriage with the daughter of the complainant. But after sometime, the petitioners demanded additional dowry and the settlement of marriage was broken. Although, there was engagement.

Learned counsel for the petitioner submits that there was neither engagement nor marriage of petitioner no. 1 was ever

Patna High Court Cr.Misc. No.41682 of 2015 (3) dt.09-12-2015 2/2 settled with the daughter of the complainant. No photograph is attached showing any ceremony of engagement and also there is no any document filed to show demand of money. Mr. Madan Jeet Kumar, learned counsel for the complainant and learned A.P.P. however, opposed the prayer for bail.

Considering the facts and nature of allegation made against the petitioners and the fact that there is no any chit of paper filed which shows that any demand was made or marriage of the daughter of the complainant was ever settled with petitioner no. 1 Balram Kumar, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Danapur, Patna in connection with Complaint Case No. 287/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T