Sheo Shankar Bharti v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25088 of 2018 Arising Out of PS.Case No. -984 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Sheo Shankar Bharti S/o Late Shatrughan Bharti, R/o Duhatand, Kumar Path Road, P.O. & P.S.- Dhansar, Distt.- Dhanbad, Jharkhand. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Surendra Giri S/o Naresh Giri, R/o Vill.- Kaithi, P.S.- Anti, Distt.- Gaya. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nikunj Shekhar For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-04-2018 Heard.
The petitioner apprehends arrest in connection with Gaya Complaint Case No.984 of 2015 registered for an offence under Sections 406 and 420 of the IPC.
The complainant has alleged that the marriage of his daughter was fixed with the son of this petitioner and as per negotiation, he had agreed to pay Rs.1,60,000/- and a motorcycle. Thereafter, the petitioner again demanded Rs.1,00000/- which was not fulfilled by the complainant and thereafter he lodged this case. It has been submitted that the son of the petitioner is minor aged about 16 years so he did not agree with the proposal of the complainant. The complainant in order to compel the petitioner to perform marriage of his son with his daughter has
Patna High Court Cr.Misc. No.25088 of 2018 (2) dt.27-04-2018 2/2 lodged the present case. The allegation of demand is vague and so no offence under Dowry Prohibition Act is made out. The learned APP opposed the submissions.
Considering the facts and circumstances of the case, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJMIX, Gaya in connection with Gaya Complaint Case No.984 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T