IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2428 of 2010 VINAY KUMAR YADAV son of Deo Nandan Yadav, resident of village Gauspur, P.S. Mandanpur, District Aurangabad. Versus THE STATE OF BIHAR ----------- 2 26/2/2010 Heard Mr. Krishna Prasad Singh, learned counsel for the petitioner and counsel for the State. The petitioner seeks anticipatory bail in relation to the offence under sections 406/34 of the Indian Penal Code and section ¾ of the Dowry Prohibition Act by taking a plea that he was the proposed groom and therefore he cannot be held guilty for the offence committed by his parents. He further submits that the parents have already been granted bail in this case. Counsel for the State would submit that the girl side, specially the daughter of the complainant, had to suffer not only on account of breaking of negotiation of marriage at an advanced stage but from reading of the complaint it would also clear that they had lost huge sum of money gift in kind/or towards the expenses incurred in the engagement by way Rs.40,000/- in cash which was not refunded to them as has been alleged in the complaint petition. Taking the aforementioned facts into consideration, this Court would direct that if the petitioner, namely, Vinay Kumar Yadav would surrender within a period of four weeks and deposit a sum of Rs.40,000/- in the Court through a Bank Draft in the name of the complainant for its being handed over to the 2 complainant, he will be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri D.K. Varma, Judicial Magistrate, Ist Class, Aurangabad in Complaint Case No.399 of 2008, Tr. No.2245 of 2009, subject to the conditions as laid down in section 438(2) of the Cr.P.C. It is, however, made clear that such payment by the petitioner would be with an objection that if the prosecution of the petitioner would fail the complainant would be bound to refund the amount to the petitioner. It is also made clear that if after receiving the amount of Rs.40,000/- the complainant will be left with no other grievance, he would be under obligation to withdraw the complain case and the court below in seisin of the complaint case in such event will drop the further proceedings of the case leaving the complainant exempted from the liability of refund of Rs. 40,000/-. With the aforementioned observation and direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)