Banti Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.8854 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8854 of 2018 Arising Out of PS.Case No. -22 Year- 2017 Thana -MAHILA PS District- GAYA ====================================================== Banti Kumar, S/o Sachchidanand Prasad, R/o Mayur Vihar Colony, near Brahmsat Talab, P.S.- Vishnupath, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 22 of 2017, registered under Section 376 of the Indian Penal Code.

The accusation is that petitioner being the brother-inlaw of the sister of the informant used to visit at the house of the informant in the year 2015. In that course, petitioner developed physical relation with the informant on pretext to perform the marriage, petitioner continued physical relation with the informant. When the informant asked the mother and maternal grand-mother of the petitioner to perform the marriage and disclosed about developing the physical relation with the

Patna High Court Cr.Misc. No.8854 of 2018 (2) dt.17-02-2018 petitioner then they refused and also made demand of Rs.2,00,000/- as dowry from the informant for performing the marriage.

Learned counsel for the petitioner submits that admittedly petitioner used to visit at the house of his sister-in-law and in that course proposal was made by the informant and her family members to perform the marriage of informant with the petitioner then family members of the petitioner refused due to that reason the present case has been lodged with false allegation. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Gaya, in connection with Mahila P.S. Case No. 22 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T