Kapil Bind And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38205 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Kapil Bind, Son of Premnan Bind,

2. Nandlal Bind @ Nandlal Jamadar, Son of Kapil Bind,

3. Usha Devi W/o Nandlal Singh,

4. Prema Devi @ Khodni Devi, W/o Kapil Bind, All are R/o VillageJagdishpur, P.S.- Khudaganj, District- Nalanda. .... .... Petitioners

Versus

1. The State of Bihar .

2. Suresh Bind, Son of Late Malhu Bind, R/o Village- Khirautalgarh, P.S.- Ghoshi, District- Jehanabad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Complaint Case No. 187 of 2016 lodged under Sections 323, 420, 504, 379 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of taking Rs. 1 lakh as dowry but refused to marry daughter of informant. Submission of learned counsel for the petitioners is that the whole prosecution story is absurd and concocted and it is not believable that an amount of Rs. One lakh would be paid to the petitioner prior to Tilak.

Heard learned APP also.

Patna High Court Cr.Misc. No.38205 of 2017 (2) dt.19-08-2017 2/2 Having heard both sides and in view of facts and circumstances, let petitioner Nos. 2, 3 & 4 surrender before the court below within a period of four weeks and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Complaint Case No. 187 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and he will co-operate in investigation, failing which his bail bond shall be liable to be cancelled.

So far petitioner No. 1 being father of the boy is directed to surrender within a period of six weeks and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order, preferably on the same day. With the above directions, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U