Ankesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82719 of 2019 Arising Out of PS. Case No.-303 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Ankesh Kumar Son of Arun Rai @ Arun Kumar 2.

Arun Rai @ Arun Kumar Son of Raj Kumar Rai 3.

Madan Rai @ Madan Kumar Yadav Son of Rajendra Rai All Resident of Village - Chintamanpur, P.S.- Mehasi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The perusal of the FIR reveals that even the informant was involved in illegal act of payment of amount which was part of consideration of marriage. Hence, informant cannot get protection of law if the marriage fails. Hence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within

Patna High Court CR. MISC. No.82719 of 2019(2) dt.23-01-2020 2/2 a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Muffasil Police Station Case No.303 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. The petitioners shall not leave the country without permission of the trial Court.

The observation shall not prejudice the trial. (Birendra Kumar, J) Mkr./- U T