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Patna High CourtCR. MISC./49254/2014bail granted

Vikash Kumar Maghaiya @ Vikash Kumar Yadav Mghaiya And ANR v. State Of Bihar And ANR

2015-04-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49254 of 2014 Arising Out of PS.Case No. -204 Year- 2013 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Vikash Kumar Maghaiya @ Vikash Kumar Yadav (mghaiya) Son of Shobhit Lal Maghaiya

2. Balram Maghaiya Son of Shobhit Lal Maghaiya Both are resident of Village Kala Patti, Barhi, P.S. Phulparas, District Madhubani .... .... Petitioner/s

Versus

1.State of Bihar

2. Babita Devi, wife of Vikash Maghaiya, daughter of Dukharan Maraita, resident of village Kalapatti, Barhi, P.S. Phulparas, District-Madhubani, at present resident of village Gatti Patti, Balua, P.S. Balua, P.S. Phulparas, District-Madhubani.

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2015 Heard both sides.

The petitioners apprehend their arrest in Phulparas P.S. Case No. 204 of 2013 under section 498(A) and other sections of the Indian Penal Code.

The petitioners are the brother of the husband and husband of the informant. The informant made allegation of demand of dowry and torture.

It is submitted that the present case was lodged on 5-92013, but prior to the filing of the present case the petitioner no.1

Patna High Court Cr.Misc. No.49254 of 2014 (2) dt.06-04-2015 2 / 2 filed Matrimonial Case No. 154 of 2013 on 17-6-2013. It is submitted that husband and wife have already entered into compromise.

Considering the aforesaid facts, it is directed that in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No. 204/2013 G.R. No. 1195/2013 T.R. No. 2258/2014, subject to the conditions as laid down under section 438(2) Cr.P.C .

(Prabhat Kumar Jha, J) B.Roy/- U