Om Narayan Kazi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78159 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- GAUNAHA District- West Champaran ====================================================== OM NARAYAN KAZI S/O RAMCHANDRA KAZI VILLAGE- MAHUI, PS. MATIYARIA, DIST. WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gaunaha P.S. Case No. 04 of 2023 dated 06.01.2023 registered for the offences punishable under sections 149/376/120B/420 of the Indian Penal Code & section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner established illicit physical relationship with the informant on the pretext of marriage. Further, the petitioner demanded Rs. 8 lakh as dowry then the informant's mother paid Rs. 6 Lakhs to the petitioner's family. When the informant's mother went to fix the date of marriage, then the accused persons demanded car as

Patna High Court CR. MISC. No.78159 of 2023(5) dt.25-06-2024 2/3 dowry. They denied to perform marriage due to non-fulfillment of demand of car as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further placed reliance in Mandar Deepak Pawar Vs. State of Maharashtra & Anr. (Criminal Appeal No. 442 of 2022) in which "a distinction was made between a false promise to marriage which is given on understanding by the maker that it will be broken and a breach of promise which is made in good faith but subsequently not fulfilled." The petitioner never demanded any kind of dowry. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with

Patna High Court CR. MISC. No.78159 of 2023(5) dt.25-06-2024 3/3 Gaunaha P.S. Case No. 04 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T