Roshan Kumar @ Roushan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53412 of 2018 Arising Out of PS. Case No.-443 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Roshan Kumar @ Roushan Kumar, S/o Kedar Nath Choudhary, R/o MohallaNai Sidhighat, Sultanganj, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Surendra Choudhary, S/o Late Ambika Choudhary, R/o Mohalla- Haridaspur, P.S.- Rupaspur, District- Patna.

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

For the Petitioner/s :

Mr. Kamal Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.443C of 2017 registered under Section 420 of the Indian Penal Code besides Section 4 of the Dowry Prohibition Act.

The accusation is that, on negotiation, the complainant, fixed the marriage of his daughter with this petitioner Roshan Kumar alias Roushan Kumar, son of Kedar Nath Choudhary, and Rs.4,00,000/- was given at the time of fixing the date of marriage but, later on, demand of Rs.10,00,000/- was further made. Learned counsel appearing on behalf of the petitioner submits that after fixing the marriage of the petitioner with the

Patna High Court Cr.Misc. No.53412 of 2018(3) dt.11-12-2018 2/2 daughter of the informant, the daughter of the informant refused to perform the marriage with the petitioner and only to realize the expenses, the complainant has lodged the present case. Further submission is that Kedar Nath alias Kedar Nath Choudhary, who is the father of the petitioner, has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 03.07.2018 passed in Criminal Misc. No.37358 of 2018.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Danapur, Patna, in connection with Complaint Case No.443C of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T