Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6741 of 2020 Arising Out of PS. Case No.-30 Year-2019 Thana- DELHA District- Gaya ====================================================== 1.

MAHESH KUMAR S/o Late Ram Khelawan Prasad Resident of MohallaKharkhura, P.S.- Delha, Distt- Gaya. 2.

Sona Devi @ Soni Devi Widow of Late Ram Khelawan Prasad Resident of Mohalla- Kharkhura, P.S.- Delha, Distt- Gaya. 3.

Mala Devi W/o Manoj Prasad Resident of Mohalla- Kharkhura, P.S.- Delha, Distt- Gaya.

4.

Manoj Prasad S/o Sitaram Prasad Resident of Mohalla- Kharkhura, P.S.- Delha, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramashish, Adv For the Opposite Party/s :

Mr.Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation against the petitioners is of torturing the Informant for non fulfillment of demand of Rs. 2 Lacs and one four wheeler car. It is alleged that love marriage was solemnized in Temple and within 2 days informant was ousted from her matrimonial home.

Patna High Court CR. MISC. No.6741 of 2020(2) dt.01-10-2020 2/2 It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Learned counsel for the petitioners submit that no specific allegation has been levelled against the petitioners rather there is general and omnibus allegation against them. It has been further submitted that the alleged marriage never took place and a concocted story has been developed only to pressurize the family of the petitioners for marriage of petitioner no. 1 with informant. Petitioners have got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Delha P.S. Case No. 30 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U