Heera Lal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.44773 of 2016 (3) dt.02-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44773 of 2016 Arising Out of PS.Case No. -411 Year- 2016 Thana -ARA NAWADA District- BHOJPUR ====================================================== Heera Lal Singh, son of Baijnath Singh, Resident of Village- Dullahpur, P.S.- Simri, District- Buxar, .... .... Petitioner/s

Versus

1. The State of Bihar

2. Vishambhar Singh, Late Bhagwan Singh, Resident of Village- Karara, P.S. Ara Muffasil, District-Bhojpur.

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. Sri Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ara Navada P.S. Case No. 411 of 2016/G.R. No. 3052 of 2016, registered under Sections 323, 420, 406 and 504 of the Indian Penal Code.

The accusation is that Vishambhar Singh, approached the petitioner for settlement of the marriage of his niece (Bhanji) with the son of the petitioner and in negotiation petitioner become ready to perform the marriage of his son with the niece of the informant. Accordingly, petitioner approached to see the niece of the informant 21.03.2016 and at that time informant gave cash Rs.7,21,000/- and other articles in gift to the petitioner. Later on,

Patna High Court Cr.Misc. No.44773 of 2016 (3) dt.02-05-2017 petitioner refused to perform the marriage of his son with the niece (Bhanji) of the informant and also refused to return the money. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the allegation has been made against the petitioner to take Rs.7,21,000/- and other articles as dowry from the informant at the time of seeing the girl, which is quite unreasonable. In fact, petitioner had gone to see the niece (Bhanji) of the informant but due to non-matching of the niece (Bhanji) of the informant with the son of the petitioner negotiation of marriage could not be succeeded.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, connection with Ara Navada P.S. Case No. 411 of 2016/G.R. No. 3052 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T