Gopal Prasad @ Gopal Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54729 of 2018 Arising Out of PS. Case No.-289 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Gopal Prasad @ Gopal Prasad Gupta, S/o Late Rameshwar Sao, R/o MohallaNew Bigrahpur, Bihari Path, P.O.- G.P.O. Patna, P.S.- Jakkanpur, Distt- Patna. ... ... Petitioner.

Versus

The State of Bihar.

... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr.

For the State :

Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner apprehends his arrest in connection with Kotwali P.S. Case No.289 of 2018 registered under Sections 406/34 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act.

The accusation is that the marriage of the informant was settled with Mintu Kumar, the son of the petitioner, and ring ceremony was also performed on 07.02.2018 but, later on, the petitioner made demand of Rs.10,00,000/- and four wheeler but the informant was not ready to fulfill the aforesaid demand, due to that reason, the petitioner refused to perform the marriage of his son with her.

Learned counsel appearing for the petitioner submits that,

Patna High Court Cr.Misc. No.54729 of 2018(2) dt.10-10-2018 2/2 in fact, at the time of settlement of the marriage of the son of the petitioner, informant was shown to the family members of the petitioner but at the time of ring ceremony, another girl was produced, due to that reason, the petitioner and his other family members refused to perform the marriage of his son. Further submission is that at the time of granting bail to Mintu Kumar, the son of the petitioner, vide order dated 28.09.2018 passed in Criminal Misc. No.54725 of 2018, a Coordinate Bench of this Court observed that he (Mintu Kumar) would compensate the informant by making payment of Rs.75000/-, which has already been paid.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No.289 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T