Dadani Musahar @ Dadan Musahar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35363 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -PAWNA District- BHOJPUR ======================================================

1. Dadani Musahar @ Dadan Musahar S/o Late Shiv Bachan Mushar

2. Parwati Devi W/o Dadani Mushar @ Dadan Mushar

3. Nepali Mushar

4. Munna Mushar, Both sons of Dadani Mushar @ Dadan Mushar All residents of village - Sarathuan, P.S. Udwant Nagar, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Smt. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 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 341, 406, 420, 504/34 of the Indian Penal Code. The prosecution case is that the informant fixed the marriage of his daughter with petitioner no.4 namely Munna Mushar and gave Rs. 50,000/- to the accused persons. Thereafter, they further demanded Rs. 25,000/- and calf of jursy cow. Ultimately neither marriage was performed nor money was returned.

It is submitted by the learned counsel for the petitioners that there is no proof with regard to marriage being

Patna High Court Cr.Misc. No.35363 of 2015 (2) dt.03-09-2015 fixed nor any proof with regard to payment. In the enquiry cause of action of October, 2014, First Information Report was registered on 11.06.2015, though the complaint was filed on 10.03.2015. It is submitted that petitioners'' side also lodged a Complaint No. 1273 of 2015 against the informant's side, though subsequent to the present case.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bhojpur at Ara in connection with Pawana P.S. Case No. 29 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T