Amar Kant Mishra @ Lalan Mishra v. The State Of Bihar
.IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53899 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Amar Kant Mishra @ Lalan Mishra, Son of Manohar Mishra, Resident of Village - Kushahar, Police Station - Tariyani, District - Sheohar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. According to FIR, the marriage could not be solemnized due to non-fulfillment of entire demand of dowry. Rs.3,00,000/- was paid and Rs.2,00,000/- could not be paid which resulted in non-solemnization of marriage.
Submission of learned counsel for the petitioner is that the father of the boy was refused anticipatory bail by a Coordinate Bench of this Court vide order dated 23.08.2018 passed in Cr. Misc. No. 48205 of 2018 and by the same order, the boy and the other family members were allowed anticipatory bail.
Patna High Court Cr.Misc. No.53899 of 2018 (3) dt.11-10-2018 2/2 Petitioner is co-villager.
Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Tariyani Police Station Case No. 70 of 2018 (FIR No. 5801030180070), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Kundan/Rajan U T