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Patna High CourtCR. MISC./29139/2017bail granted

Surya Bin @ Suraj Bin And ORS v. State Of Bihar And ANR

2017-07-13Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29139 of 2017 Arising Out of PS.Case No. -2387 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN (BETTIAH) ======================================================

1. Surya Bin @ Suraj Bin, son of Late Lakham Bin.

2. Bindeshwari Bin, son of Late Lakhan Bin.

3. Asha Devi, wife of Suraj Bin.

All are resident of Village- Bal Kahwa, Police Station- Chiutaha, DistrictWest Champaran (Bagaha). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajesh Mukhiya, son of Late Dinanath Mukhiya, resident of VillageSargatiya, Tola Maheshpur, Police Station- Gopalpur, District- West Champaran.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Special Case No. 911 of 2015 arising out of Complaint Case No. 2387C of 2013 instituted under Section 406 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The allegation, in brief, is that complainant fixed marriage of his sister with the son of petitioner no. 1 and engagement was also held and he incurred Rs. 25,000 to 30,000/- , but soon after accused persons demanded more dowry and therefore, marriage could not be solemnized.

Patna High Court Cr.Misc. No.29139 of 2017 (2) dt.13-07-2017 2/2 It is submitted that this matter was earlier referred to Mahila Help Line and on 15.02.2014, as per compromise, Rs. 18,000/- was returned back by the petitioners to the complainant. It is also submitted that marriage could not be solemnized due to other reason and not for more dowry.

Having considered the aforesaid facts and circumstances, let the petitioners, namely, Surya Bin @ Suraj Bin,Bindeshwari Bin and Asha Devi, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Special Case No. 911 of 2015 arising out of Complaint Case No. 2387C of 2013; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U