Subodh Kumar@ Subodh Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.30941 of 2016 (2) dt.08-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30941 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -BISHUNPUR District- DARBHANGA ====================================================== SUBODH KUMAR@ SUBODH MAHTO, Son of Jiwachh Mahto, Resident of Village-Pipara Kamalpur, P.S.-Godhardiha, DistrictMadhubani.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amish Kumar For the Opposite Party/s : Mr. M. Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-08-2016 Heard Mr. Amish Kumar, the counsel for the petitioner and Mr. M. Dayal, APP for the State. The petitioner is facing accusation in Bishanpur P.S. Case No. 57 of 2015 punishable under Section 3⁄4 of the Dowry Prohibition Act.

On going through the First Information Report, there was only a negotiation for marriage and one ceremony was performed. The allegation is that the petitioner demanded some more money.

On the contrary, it has been submitted that for one reason or the another, the marriage could not be solemnized, whereafter on request of the father of the informant, the

Patna High Court Cr.Misc. No.30941 of 2016 (2) dt.08-08-2016 petitioner deposited a sum of Rs. 3,14000/- in the bank account of her father. The rest payable amount, if any, shall be sorted out between the parties and paid. It is further submitted that the informant has married at different place whereafter the petitioner has also been married.

In the facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Darbhanga in Bishanpur P.S. Case No. 57 of 2015 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Kishore Kumar Mandal, J) rohit/- U T