Shivendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21822 of 2022 Arising Out of PS. Case No.-418 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
SHIVENDRA KUMAR SINGH S/o Ravindra Prasad Singh @ Ramendra Narayan Singh Resident of Village- Kashore (Sultanpur), P.S.- Warisnagar, District- Samastipur 2.
RAVINDRA PRASAD SINGH @ RAMENDRA NARAYAN SINGH S/o Late Bashishtha Narayan Singh Resident of Village- Kashore (Sultanpur), P.S.- Warisnagar, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajoday Satyjeet, Advocate For the Opposite Party/s :
Mr. Lakshmikant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 504 and 34 of the Indian Penal Code read with Sections 3⁄4 of the Dowry Prohibition Act.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that marriage of his daughter was fixed with Shivendra (petitioner no.1) son of Ravindra Prasad Singh (petitioner no.2), further petitioner no. 2 demanded Rs. 3 lakhs before marriage
Patna High Court CR. MISC. No.21822 of 2022(2) dt.03-11-2022 2/3 which was given to him in presence of witnesses, further it is alleged that the date of marriage was postponed on account of COVID but when COVID receded, petitioner no.2 started demanding Rs. 12 lakhs more on which informant asked him to return his Rs. 3 lakhs but he was abused, hence alleges that accused persons committed fraud.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that if what has been alleged in the FIR is true then the informant is also equally liable for punishment as both demanding and giving dowry are offence. Learned counsel further submitted that petitioner no.1 was in love with the daughter of the informant which was being opposed by the informant, it is next submitted that no doubt the petitioner no.1 and the daughter of the informant agreed for marrying each other but on account of COVID, the same was postponed and the informant took the same as an opportunity to institute the present case.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.21822 of 2022(2) dt.03-11-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Samastipur Muffasil P.S. Case No. 418 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T