← Library
Patna High CourtCR. MISC./9774/2017bail granted

Uma Shanker Pandit And ANR v. State Of Bihar And ANR

2017-05-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9774 of 2017 Arising Out of PS.Case No. -1298 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Uma Shanker Pandit, S/o Late Binda Pandit @ Hira Pandit.

2. Chandan Kumar, S/o Uma Shankar Pandit, Both resident of Village- Sadhanewaji Tola Bazar Samiti, P.S.- Mufassil, District- Chapra (Saran).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jainandan Pandit, S/o Late Punit Lal Gupta, R/o Vill.- Basantpur, P.S.- Paroo, Distt.- Muzaffarpur.

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-05-2017 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 Section 3/4 of the Dowry Prohibition Act.

There was marriage negotiation between the parties which could not be solemnized allegedly for the reason that the petitioners demanded more dowry. The complaint petition of aforesaid fact was filed on 28.07.2015.

Submission of the petitioners is that prior to filing of the present complaint petition, the petitioners' side had filed

Patna High Court Cr.Misc. No.9774 of 2017 (3) dt.18-05-2017 informatory petition in the court of learned Chief Judicial Magistrate, Chapra vide Informatory Petition No.547/15 on 26.02.2015 stating therein that after settlement of the marriage it reveals that the girl has affair with some other boy, hence, marriage could not be solemnized.

After some hearing, the petitioner is ready to refund Rs.50,000/- in the bank account of the informant from where money was transferred directly in the account of informant within eight weeks. The informant should furnish his bank account before the court below to facilitate transfer of the money. Thereafter, let the petitioner be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount within eight weeks subject to refund of the aforesaid amount.

Arvind/- (Birendra Kumar, J) U T