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Patna High CourtCR. MISC./39526/2018rejected

Triloki Nath v. The State Of Bihar

2018-07-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39526 of 2018 Arising Out of PS.Case No. -119 Year- 2018 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Triloki Nath, Son of Kanhaiya Chaudhary, Resident of VillageDevdatpur, P.S. Daud Nagar, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Chandrasen Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2018 Heard both sides.

The petitioner apprehends his arrest in Dehri (T) P.S. Case No.119/2018, registered under Sections 406 of the Indian Penal Code, 3⁄4 D.P.Act and Section 138 of N.I. Act. The informant alleged that the marriage of his sister was settled with Sunil Chaudhary, the nephew of the petitioner. The petitioner was negotiator of the marriage on behalf of bride groom. The informant made allegation that he gave Rs. 4, 50,000/- to the bridge groom but again Rs. 3, 00,000/- more was demanded as dowry. When the informant showed his inability and demanded the money from the petitioner, the petitioner issued a cheque of Rs. 3, 30,000/- but when the informant presented the cheque in

Patna High Court Cr.Misc. No.39526 of 2018 (2) dt.09-07-2018 2/2 Bank, the cheque was dishonoured.

Learned counsel for the petitioner submits that the petitioner is mediator of marriage. The petitioner being maternal uncle of the bride groom negotiated for settlement of marriage but he did not receive any dowry.

It appears from perusal of the F.I.R. itself that when the informant demanded the amount of dowry already paid to the bride groom it was the petitioner who issued a cheque of Rs. 300, 000/- but the cheque was dishonoured.

Considering the aforesaid fact, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected in connection with Dehri (T) P.S. Case No.119/2018, pending in the Court of learned S.D.J.M., Dehri. (Prabhat Kumar Jha, J) Amit/- U T