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Patna High CourtCR. MISC./11774/2016bail granted

Afroz Mian And ANR v. State Of Bihar And ANR

2016-03-16Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11774 of 2016 Arising Out of PS.Case No. -2077 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Afroz Mian Son of Mohamuddin Mian

2. Mohamdin Mian Son of Sobrati Mian Both residents of Village - Motipur, West Turhapatti, P.S. Chanpatia (Sirsia O.P.), District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Id Mohammad Mian Son of Halkhori Mian Resident of Baghi Bagambarpur, P.S. Srinagar (Bhujha), District West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Section 4 of the Dowry Prohibition Act. . It has been alleged that Afroz Mian has entered into marriage with the daughter of the complainant and at the time of marriage cash of Rs.1,00,000/- and articles worth Rs.45,000/- was given. Later on he has entered into another marriage. Defence has been taken that petitioner, Afroz Mian, has already married with another lady. There is no bar to have second marriage.

Patna High Court Cr.Misc. No.11774 of 2016 (2) dt.16-03-2016 Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Afroz Mian and Mohamdin Mian, be released 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, West Champaran, Bettiah in connection with Complaint Case No. 2077© of 2014/Tr. No.972 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioners undertake to pay Rs.45,000/- in two equal installments- first will be paid at the time of surrender in the court below and next installment will be paid after thirty days.

(Shivaji Pandey, J) Vinay/- U T