Shambhu Sharan Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19877 of 2017 Arising Out of PS.Case No. -485 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Shambhu Sharan Prasad, Son of Saryug Prasad.

2. Sarojni Devi, Wife of Shambhu Sharan Prasad.

3. Pramod Kumar, Son of Shambhu Sharan Prasad, Both are Resident of village- Lakhanibigha, (Dwarikapuri), P.S.- Danapur, District- Patna, Surendra Singh.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Subhash Kumar For the Informant : Mr. Parmeshwar Mehta For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2018 Heard the learned counsel for the petitioners, the learned counsel for the informant and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Danapur P.S. Case No. 485 of 2016 registered for the offence punishable under Section 420 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act. The allegation in the present case is regarding demand of dowry prior to the solemnization of marriage of the daughter of the informant with the petitioner No. 3. It is alleged that as per demand, the informant had gifted valuable articles worth of Rs.

Patna High Court Cr.Misc. No.19877 of 2017 (5) dt.23-01-2018 2/2 5,00,000/- and the date of marriage was fixed for 08.12.2016, however, further demand of Rs. 10,00,000/- in cash was made and on refusal to give the same, the marriage could not be solemnized. It appears that this Court by an order dated 31.05.2017 had referred the matter for mediation, however, according to the report of the mediator, the informant failed to appear before the Mediator.

Having regard to the facts and circumstances of the case and the nature of accusation levelled against the petitioners herein, I deem it fit and proper to enlarge the petitioners above named on anticipatory bail. Accordingly, it is directed that in the event of arrest or surrender by the petitioners before the court below within a period of six weeks from the date of receipt/production of a copy of this order, the petitioners would be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur in connection with Danapur P.S. Case No. 485 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T