Patna High CourtCR. MISC./53909/2018bail granted

Ram Autar Ray @ Rama Avtar Rai v. The State Of Bihar

2018-10-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53909 of 2018 Arising Out of PS.Case No. -166 Year- 2018 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Ram Autar Ray @ Rama Avtar Rai, S/o Late Girivar Rai, R/o VillageKishanpur, P.S. Warisnagar, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv For the Opposite Party/s : Mr. Sri Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 3/4 of the Dowry Prohibition Act, 1961.

The FIR would reveal that the petitioner demanded Rs.75,000/- and a motorcycle as consideration of marriage of his son with the daughter of the informant. On non-fulfillment of the aforesaid payment, marriage could not be solemnized.

Submission of the learned counsel for the petitioner is that the informant has admitted that he had already paid Rs.1,75,000/- for expenses of the Barat on

Patna High Court Cr.Misc. No.53909 of 2018 (3) dt.11-10-2018 2/2 17.06.2018 itself. This act of the informant is also illegal within the purview of the same Act because he was himself indulged in payment of dowry.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Warisnagar P.S.Case No.166 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner 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 petitioner.

(Birendra Kumar, J) Nitesh/- U T