Awadh Bihari Prasad @ Awadh Bihari Prasad Gijyanshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61035 of 2017 Arising Out of PS.Case No. -340 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Awadh Bihari Prasad @ Awadh Bihari Prasad Gijyanshu S/o Ram Ekbal Ram, Resident of Mohalla-Gupta Market, Raja Bazar, Bailey Road, P.S.- Air Port, District-Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhinay Raj, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Ghorasahan P. S. Case No. 340 of 2015 registered under Sections 406, 420 and 506/34 of the Indian Penal Code and 3 and 4 of Dowry Prohibition Act.

It is submitted by the learned counsel for the petitioner that the entire allegation made in the first information report is baseless. He submitted that it is true that there was some negotiation for marriage, but as the son of the petitioner did not agree for marriage, the daughter of the informant could

Patna High Court Cr.Misc. No.61035 of 2017 (2) dt.22-12-2017 2/2 not be married to the son of the petitioner. He submitted that no demand of dowry was made in respect of marriage at any point of time.

On the other hand, learned Additional Public Prosecutor for the State submitted that it is a gross case of cheating of an innocent person by realizing certain amount and then refusing to marry his son.

Considering the facts and circumstances of the case and the submissions made above, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sikrahana, Dhaka, East Champaran in Ghorasahan P. S. Case No. 340 of 2015, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J.) Kanchan/- U T