Sambhu Paswan @ Sambhu Prasad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56227 of 2018 Arising Out of PS.Case No. -144 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Sambhu Paswan @ Sambhu Prasad, Son of Late Nathun Ram

2. Santosh Paswan @ Santosh Kumar, Son of Sambhu Paswan, Both resident of Village - Barah Pathar, P.S. Dehri, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prabha Kunwar, Wife of Late Jagmal Paswan @ Jaimal Paswan, resident of Village - Deliya, Post - Khairha, P.S. - Indrapuri, District - Rohtas.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 3/4 of the Dowry Prohibition Act.

The complaint petition would reveal that after negotiation and settlement, the marriage could not be solemnized as the complainant failed to fulfill more demand of dowry. The complaint petition further reveals that the complainant had paid a part of dowry said to be in the nature of gift prior to the marriage

Patna High Court Cr.Misc. No.56227 of 2018 (2) dt.26-10-2018 2/2 which is also an amount paid as consideration of marriage. Therefore, complainant was herself indulged in illegal activity. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No. 144(c) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/- U T