Kumar Saurav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71343 of 2019 Arising Out of PS. Case No.-190 Year-2017 Thana- DIGHA District- Patna ====================================================== Kumar Saurav S/o Sri Panchanan Kumar R/o- 3rd Floor, Ashmi Apartment, P.S.- Digha, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard the learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in connection with Digha PS case no. 190 of 2017 dated 18.7.2017 registered for the offences punishable under Sections 420/406/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The allegation in the present case is regarding the father of the petitioner herein having taken money from the informant for the purposes of marrying the petitioner with the daughter of the informant, but subsequently the father of the petitioner refused to marry his son with the daughter of the informant and instead solemnized his marriage with another girl.
The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.71343 of 2019(2) dt.20-11-2019 2/3 allegation has been levelled against the petitioner on false and concocted materials specially on account of the fact that the petitioner is unemployed and it is improbable that anyone would give Rs. 15,00,000/- as dowry for solemnizing the marriage. It is further submitted that the petitioner is ready to abide by any terms and conditions liable to be imposed by this Court. It is also submitted that the father of the petitioner has already been granted anticipatory bail vide order dated 23.02.2018 passed in Cr. Misc. no. 1852 of 2018.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna in connection with Digha PS case no. 190 of 2017, G. R. No. 4666 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that the petitioner shall join investigation and would be present as and when he is called by the investigating agency. Any non-cooperation with the
Patna High Court CR. MISC. No.71343 of 2019(2) dt.20-11-2019 3/3 prosecution will result in cancellation of the present privilege of anticipatory bail, for which the investigating Officer/ prosecuting agency shall be free to approach this Court. (Mohit Kumar Shah, J) rinkee/- U T