IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19448 of 2010 ISHWAR THAKUR @ ISHWARI PRASAD son of late Alakhdeo Thakur, resident of village Puraini, Police Station Govindpur, District Nawada, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Jai Prakash Verma, Advocate For the State : Mr. U.S.P. Singh, APP ----------- 3 17.06.2010 Petitioner files a supplementary affidavit. Let it be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for offences punishable under sections 406, 420 and 379 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that as per the substance of allegation set up in the first information report, co-accused Om Prakash Thakur and Parmeshwar Thakur were paid certain amount and had agreed to marry the daughter of the complainant, however, further allegation is that all the persons along with this petitioner refused to perform “Faldan” and demanded dowry for the marriage. It is submitted by learned counsel for the petitioner that the petitioner is student and cousin brother of 2 co-accused Om Prakash Thakur, for whose marriage negotiation was going on, and nephew of co-accused Parmelshwar Thakur. It is further submitted that the petitioner is separate in mess and property from co-accused Om Prakash Thakur and Parmeshwar Thakur and he has been simply implicated in this case on the ground that he is son of Alakhdeo Thakur, who is brother of co-accused Parmeshwar Thakur. Aforesaid co-accused Alakhdeo Thakur had died subsequent to lodgment of the case. Further contention is that in fact, after investigation the police submitted final form exonerating this petitioner, however, a protest petition was filed and the court concerned had taken cognizance of the offence in regard to this petitioner as well. It is lastly submitted that there is no allegation that any amount was paid to this petitioner and there is no question that the petitioner would get any money, which had been taken by the co- accused Om Prakash Thakur or his father Parmeshwar Thakur as dowry and he has simply been dragged into this case for the reason that he happens to be the cousin brother of co- accused Om Prakash Thakur. Having considered the facts and circumstances of the case, let the petitioner, Ishwar Thakur alias Ishwari 3 Prasad, in the event of arrest or surrender by him within four weeks, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif, in connection with Laheri Police Station Case No. 92/2006, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. SC ( Dr. Ravi Ranjan, J.)