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Patna High CourtCR. MISC./72456/2018bail granted

Sibalak Yadav @ Bhosu Yadav v. The State Of Bihar

2018-12-20Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72456 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- MANPUR District- Nalanda ====================================================== Sibalak Yadav @ Bhosu Yadav S/o Late Baudhu Yadav R/o Village-Dekuli, P.S.-Manpur District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2018 A counter affidavit has been filed on behalf of the informant. Let it be taken on the record.

Heard the learned counsel for the petitioner, the informant and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Manpur P.S. Case No. 108 of 2018 dated 18.07.2018 instituted for the offences under Sections 406, 420 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

The informant of this case is the grand-father of the girl whose marriage was agreed to be solemnized with the son of the petitioner. Despite the informant having spent

Patna High Court Cr.Misc. No.72456 of 2018(2) dt.20-12-2018 2/3 money, the marriage was called off because further money was demanded by the petitioner and his family members. The aforesaid allegation has been denied by the learned counsel for the petitioner and it has been specifically stated by him that whatever money was spent by the informant or given to him, has been returned and that his son is still unmarried. He further asserts that in case the informant would agree for the solemnization of marriage of his grand-daughter with the son of the petitioner, the petitioner would be ever ready for the same.

Unfortunately, this Court does not have wherewithal to know as to who is making the correct statement.

In any view of the matter, considering the accusation against the petitioner and the stand taken by him, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.72456 of 2018(2) dt.20-12-2018 3/3 of learned Additional Chief Judicial Magistrate, VI, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 108 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T