Ersad Mia And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28570 of 2015 Arising Out of PS.Case No. -74 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Ersad Mia

2. Ejhar Mia @ Ejrael Mia Both are sons of Nasarul Mia

3. Nasarul Mia S/o Late Maula Mia All are residents of village - Chunni, P.S. Buxar (M), Dist. - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Kumar Pathak For the Opposite Party/s : Mr. Binod Kumar No. 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-07-2015 Heard learned counsel for petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Buxar (Muffasil) P.S. Case No. 74 of 2015 registered under Sections-406, 420, 504/34 of the Indian Penal Code and Sections-3/4 of Dowry Prohibition Act.

The accusation against petitioners is that they demanded more dowry from the informant and when informant failed to fulfill their demand, petitioners refused to solemnize the marriage of petitioner No. 1 with grand daughter of the informant.

The contention on behalf of the petitioners is

Patna High Court Cr.Misc. No.28570 of 2015 (2) dt.23-07-2015 2/2 that the informant wanted to get solemnized the marriage of his grand daughter with petitioner No. 1 but when petitioner refused the aforesaid proposal, the informant lodged this case in retaliation. It is further contended by learned counsel appearing for petitioners that moreover, the marriage of informant's grand daughter has already been solemnized with another person, which is evident from perusal of Annexure-2 to this petition.

Consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioners named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Buxar (Muffasil) P.S. Case No. 74 of 2015 to the satisfaction of Chief Judicial Magistrate, Buxar subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T