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Patna High CourtCR. MISC./54725/2018allowed

Mintu Kumar v. The State Of Bihar

2018-09-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54725 of 2018 Arising Out of PS. Case No.-289 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Mintu Kumar, S/o Sri Gopal Prasad @ Gopal Prasad Gupta, R/o MohallaNew Bigrahpur, Bihari Path, P.O.- G.P.O. Patna, P.S.- Jakkanpur, Distt- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Chandra Shekhar Singh For the Opposite Party/s :

Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as learned counsel for the informant.

Petitioner is in custody in connection with Kotwali P.S. case No. 289 of 2018 for the offence under sections 406/34 of the Indian Penal Code and 3/4 of the D.P. Act. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Mr. Krishna Prasad Singh, learned counsel for the petitioner submits that there is no denial that at one point of time the parties had agreed for marriage and Ring Ceremony was performed but later on they learnt about the fact that the opposite parties are mischievous and they have has changed the girl which was shown earlier for marriage, the petitioner's

Patna High Court Cr.Misc. No.54725 of 2018(2) dt.28-09-2018 2/2 side refused to perform the marriage.

In view of the above, the marriage was broken and thereafter, the informant's side levelled the allegation of demand of dowry. In fact, there is no question of demand of dowry in the instant case. Further he admits that in the Ring Ceremony certain expenses was incurred by the informant's side and he is prepared to compensate for the expenses incurred in the Ring Ceremony.

Considering the aforesaid, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No. 289 of 2018 on the condition that petitioner would compensate the informant by making payment of Rs. 75,000/- (Anil Kumar Upadhyay, J) Ravi/- U T