Bipin Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39732 of 2017 Arising Out of PS.Case No. -199 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bipin Jha, Son of late Prabhunath Jha, Resident of Village- Chhapawa, Police Station- Sugauli, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. Sri Parmanand Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sugauli P.S. Case No. 199 of 2017 registered under Sections 420, 315 and 376 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, marriage of the informant was settled with the son of the petitioner and Rs. 2,00,000/- was accorded in advance to him. After that son of the petitioner enjoyed visiting to the informant and copulated with the informant resulting into her pregnancy which was aborted by him and on approach made to the petitioner to fix the date of marriage

Patna High Court Cr.Misc. No.39732 of 2017 (2) dt.21-08-2017 2/2 of his son with the informant, the petitioner demanded Rs.1,00,000/- and Bolero vehicle for performing marriage. It is submitted by learned counsel for the petitioner that the allegation of rape is not against the petitioner. The petitioner has not made any demand. As a matter of fact, the petitioner has been falsely implicated in this case as he had filed a complaint case no. 1062 of 2017 against the father of the informant much preceding to the lodging of the case under hand on 29.05.2017 and also a petition under Section 107 of the Code of Criminal Procedure against her father on 06.06.2017. The petitioner has been languishing in custody since 01.07.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Sugauli P.S. Case No. 199 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T