Santosh Kumar And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4970 of 2015 Arising Out of PS.Case No. -45 Year- 2013 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Santosh Kumar Son of Baiju Sahni
2. Baiju Sahni Son of Hussani Sahni Resident of Ramban Malahitoli, P.S.-Pakaridayal, Distt.-East Champaran, Motihari .... .... Petitioner/s
Versus
1. The State of Bihar
2. Manoj Sahani Son of Prasidh Sahni Resident of vill-Rampurwa, P.SPakridayal, Distt.-East Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arbind Kumar Sharma, Advocate For the Opposite Party/s : Mr. Ataur Rahman(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 504 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
It is alleged that informant fixed the marriage of his daughter with petitioner no. 1. Petitioner no. 2 is father of petitioner no. 1. During engagement ceremony Rs. 5,000/- and jewellary of Rs. 14,000/- were given. The informant had agree to pay Rs. 1,50,000/- in cash and Rs. 50,000/- for motorcycle as dowry. But subsequently gold and
Patna High Court Cr.Misc. No.4970 of 2015 (2) dt.05-02-2015 Rs. 2,000,00/- were further demanded by the petitioners as a result marriage was not performed.
It is submitted by the learned counsel for the petitioners that in fact the son of the petitioner no. 2 was minor hence, proposal of marriage was never accepted when threatening was given for which petitioner no. 2 filed Pakaridayal P.S. Case No. 53 of 2013 against informant. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana, Motihari, East Champaran in connection with Complaint Case No. 197 of 2013 arising out of Pakridayal P.S. Case No. 45 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T