Md. Kamil @ Kamil v. The State Of Bihar

Patna High Court Cr.Misc. No.23490 of 2017 (4) dt.01-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23490 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Md. Kamil @ Kamil, S/o Md. Israfil, resident of Mohalla & P.S.- Sahebpur Kamal, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Zuaib, S/O late Md. Azizuddin, R/O Village- Sahabpur Kamal, Begusarai.

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

For the Petitioner/s : Mr. Kamlesh Kumar Sharma For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case No. 01 of 2017, registered under Section 3/4 of the Dowry Prohibition Act.

The allegation of informant-opposite party no.2, Md. Zuaib, is that he settled the marriage of his daughter with petitioner, Md. Kamil, son of Md. Israfil and accordingly he also paid cash of Rs. 2,00,000/- as dowry. The informant also settled the marriage of his another daughter on the same day but Md. Israfil, father of the petitioner, made demand of more money. While the date of marriage was fixed on 08.01.2017 but later on demand of Pulsor motorcycle and cash of Rs.75,000/- was also made by this petitioner saying that if the demand will not be

Patna High Court Cr.Misc. No.23490 of 2017 (4) dt.01-09-2017 fulfilled then the 'Nikah' would not be performed. The informantopposite party no. 2 was unable to fulfill the demand of dowry then the marriage could not be performed.

Learned counsel for the petitioner submits that, in fact, marriage of the petitioner was negotiated by his father with the daughter of the informant-opposite party no. 2 and demand of dowry was made by the father of the petitioner due to that reason petitioner has falsely been implicated in this case only to give undue pressure with false allegation.

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, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 01 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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