Patna High CourtCR. MISC./369/2018bail granted

Sudhir Nayan v. The State Of Bihar

2018-01-16Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.369 of 2018 (2) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.369 of 2018 Arising Out of PS.Case No. -340 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sudhir Nayan, Son of Sri Awadh Bihari Prasad, Resident of MohallaGupta Market, Raja Bazar, Bailey Road, P.S.-Air Port, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2018 Heard both sides.

The petitioner apprehends his arrest in Ghorasahan P.S. Case No.340 of 2015 registered under Sections 406, 420, 506, 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The informant alleged that the marriage of his daughter was settled with the petitioner. The informant paid Rs.5 lacs to Awadh Bihari Prasad and also gave many articles worth Rs.50,000 to the bridegroom but later on the petitioner and others began to demand more and more money and the negotiation was broken. The learned counsel for the petitioner submits that there is no chit of paper to show that the informant ever gave any money or gift to the father or the petitioner on the occasion of

Patna High Court Cr.Misc. No.369 of 2018 (2) dt.16-01-2018 engagement. The marriage negotiation was held in pursuance of matrimonial advertisement issued in the newspaper. There is no question of demand of dowry.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order 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 learned S.D.J.M., Sikrahana, Dhaka, East Champaran in connection with Ghorasahan P.S. Case No.340 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T