Patna High CourtCR. MISC./43617/2017bail granted

Mukesh Kumar @ Abhishek Kumar @ Abhishek Kumar Nag v. State Of Bihar And ANR

2017-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43617 of 2017 Arising Out of PS.Case No. -791 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mukesh Kumar @ Abhishek Kumar @ Abhishek Kumar Nag son of Kishore Prasad resident of Village - Jura Pakri, P.S. - Ram Nagar, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajeshwar Prasad S/o Sri Narayan Bhagat R/o village - Pakari, P.S. - Shikarpur, District - West Champaran.

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

For the Petitioner/s : Mr. Saroj Kumar Sharma For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 791(C) of 2016, S.C. No. 1128 of 2017 under section 406 of the IPC and sections 3 and 4 of the Dowry Prohibition Act. The complainant alleged that the marriage of his daughter was settled with the petitioner. But when the complainant went to the house of the father of the petitioner, all the accused persons demanded more dowry and drove him away.

Learned counsel for the petitioner submits that the petitioner is in Army and he was posted in Jammu & Kashmir at the relevant time. There is no chit of paper to show that the

Patna High Court Cr.Misc. No.43617 of 2017 (2) dt.20-09-2017 2/2 petitioner ever received any amount from the complainant or he demanded any dowry. The father of the petitioner who is said to have settled the negotiation, has already been granted regular bail.

Considering the facts aforesaid, in the event of arrest/surrender before the court below within four weeks from the date of receipt/production of a copy of this order, the petitioner, namely, Mukesh Kumar @ Abhishek Kumar @ Abhishek Kumar Nag is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 791(C ) of 2016/ S.C. No. 1128 of 2017.

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