Sohan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26606 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Sohan Thakur, son of late Rama Thakur, resident of village- Govindpur, Naya Tola, P.S. Fatuha, Dist.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rudra Deo, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Fatuha P.S. Case No.133 of 2016 instituted for the offence under Section(s) 504, 505, 506 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

It is alleged in the written report that engagement of sister of the informant was done with the son of this petitioner on 26.01.2016. Date of marriage was fixed on 22.04.2016, but marriage could not be performed due to demand of vehicle by this petitioner.

Learned counsel for the Petitioner has submitted that marriage could not be performed because of certain reason and the petitioner has already returned rupees one lac nineteen thousand five hundred in the account of father of the informant through RTGS (Annexure-2).

Patna High Court Cr.Misc. No.26606 of 2017 (2) dt.07-07-2017 2/2 Petitioner is said to be the father of the boy with whom marriage of sister of the informant was fixed. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Fatuha P.S. Case No.133 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Patna City, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and

(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T