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Patna High CourtCR. MISC./8082/2019disposal with observation

Nawal Singh And ORS v. The State Of Bihar And ANR

2019-04-05Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8082 of 2019 Arising Out of PS. Case No.-4159 Year-2014 Thana- Vaisali Complaint Case DistrictVaishali ====================================================== 1.

Nawal Singh, aged about 65 years, Son of Late Jaynath Singh (Male) 2.

Shiv Ranjan, aged about 30 years, Son of Nawal Singh (Male) Both are resident of village - Shek Dumari, P.S. Nayagaon, District - Saran at Chapra.

3.

Sunil Kumar Singh, aged about 35 years, Son of Ram Pravesh Singh (Male), resident of Village - Chechar, P.S. Vidupur, Distt.- Vaishali at Hajipur. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Satendra Narayan Singh Son of Late Shesh Narayan Singh Resident of Village - Mamrejpur P.O. - Aasoi, P.S. Sarai Distt.- Vaishali at Hajipur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh Mr. Mukesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

05-04-2019 Heard Sri Vijay Kumar, learned counsel for petitioners, learned Addl. Public Prosecutor as well as Sri Mukesh Kumar, learned counsel, who has appeared on behalf of complainant/opposite party no.2.

Three petitioners, apprehending their arrest in Complaint Case No. 4159 of 2014 for offence under Sections 406, 420/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961, have prayed for grant of bail in the event of their arrest or surrender.

Patna High Court CR. MISC. No.8082 of 2019(3) dt.05-04-2019 2/2 At the very outset, learned counsel for the petitioners submits that petitioners are ready to refund Rs. 95,000/- (ninety five thousand), which was credited to the account of petitioners for the purpose of marriage of daughter of complainant with the son of petitioner no. 1.

In such situation, in view of submission made by learned counsel for the petitioners, instead of passing favourable order, it is desirable to dispose of the anticipatory bail petition with observation that petitioners may appear before the court below and pray for regular bail.

If within a period of six weeks from today, petitioners appear before the court below and pray for regular bail, the learned court below, without being prejudiced with this order, may examine the same and pass appropriate order in accordance with law, preferably on the same date.

The anticipatory bail petition stands disposed of. In view of disposal of the anticipatory bail petition, the interim order dated 13-02-2019 stands automatically vacated.

(Rakesh Kumar, J.) anay U T