Jagdeo Dhari @ Jagdeo Roy And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18585 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Jagdeo Dhari @ Jagdeo Roy Son of Late Chethru Roy,

2. Anjit Kumar, Son of Jagdeo Dhari @ Jagdeo Roy, Both resident of Shankarpur, P.S. - Muffasil, District - Munger. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate.

Mr. Kamal Kishore Jha, Advocate.

For the Opposite Party : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2016 Heard both sides.

The petitioners apprehend their arrest in Sare P.S. Case No. 91 of 2015 registered for the offences punishable under Sections 420, 406 and 34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

The informant alleged that the petitioner no. 1 took Rs. 1,40,000/- as dowry for marriage of his son Anjit Kumar, petitioner no. 2 and Rs. 50,000/- were also spent for purchasing different articles, but later on the petitioners demanded additional dowry of Rs. 1,00,000/-.

It is submitted that there is no paper or any photograph to show that marriage was ever settled or dowry was given to the

Patna High Court Cr.Misc. No.18585 of 2016 (4) dt.14-07-2016 2/2 petitioners. The petitioners filed Complaint Case No. 506 C/2015 that the informant had come for settlement of marriage of his daughter. It is further submitted that the petitioners never received any money.

On the other hand learned counsel for the informant vehemently opposed the prayer for bail and submitted that the petitioners have taken dowry.

Considering the nature of allegation and the fact that no chit or paper is produced to show that the petitioners received any money, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Nalanda at Bihar Sharif in Sare P.S. Case No. 91 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T