Ghuran Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7445 of 2016 Arising Out of PS.Case No. -35 Year- 2013 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Ghuran Sah, Son of Late Baran Sah

2. Jitendra Kumar @ Jeetendra Sah Son of Ghuran Sah Resident of Village- Salempur Salkhani, Post Office- Marai, Police Station- Patepur District- Vaishali at Hazipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Choudhary Shyam Nandan For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The prosecution case is that the informant fixed the marriage of his daughter with petitioner No. 2 Jitendra Kumar when petitioner No. 1 Ghuran Sah is the father of petitioner No. 2. Subsequently the engagement ceremony was performed when the informant claims to have expensed on the engagement ceremony, but one week prior to the date of marriage the petitioner No. 1 refused to marry with the daughter of the informant.

It is submitted by learned counsel for the petitioners that though the marriage of the petitioner No. 2 was

Patna High Court Cr.Misc. No.7445 of 2016 (2) dt.19-02-2016 2/2 fixed with the daughter of the informant but it was the informant who refused to marry and subsequently the daughter of the informant has married to some other boy. There is no proof with regard to the engagement.

Considering the nature of accusation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Bochaha P.S. Case No. 35 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T