Kapilnath Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32821 of 2017 Arising Out of PS.Case No. -860 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================
1. Kapilnath Singh, S/o Late Ramdeo Singh
2. Badshah Singh, S/o Late Satyanarayan Singh
3. Shakti Devi, W/o Badshah Singh
4. Sanjay Singh @ Sanjay Kumar Singh, S/o Kapil Nath Singh
5. Sima Devi, W/o Sanjay Singh All are residents of Village - Gurujwa Jalalpur, P.S. - M.H. Nagar, District - Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rama Shankar Singh, s/o late Janak Singh, R/o Dharmpura, P.S. - Daudpur, District - Saran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Complaint Case No. 860 of 2013 (Trial No. 2070 of 2017) P.S. Case No. instituted for the offence under Section 4 of D.P. Act.
It is alleged in the complaint case that the complainant got settled the marriage of his daughter Rinki Kumari with Anupam Kumar, son of petitioner No. 2, and he paid a sum of Rs.1,50,000/- as dowry demand but the marriage was not performed by the accused persons as he further made demand of Rs.1,00,000/-. It is further alleged that the complainant made several request to return the money but the accused persons did not return.
Patna High Court Cr.Misc. No.32821 of 2017 (2) dt.18-07-2017 2/2 From the complaint petition, it appears that there is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Complaint Case No. 860 of 2013 (Trial No. 2070 of 2017), they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T