Anil Rai And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32838 of 2017 Arising Out of PS.Case No. -592 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================
1. Anil Rai, son of Ram Kishor Rai,
2. Ram Kishor Rai, Son of Late Mosahi Rai, Both are resident of Village Dharfari, P.S. Dewariya, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Pinki Kumari, daughter of Toka Rai, of Village Morhar P.S. Sahebganj, District- Muzaffarpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate. For the Opposite Party/s : Mr. Jagdhar Prasad, 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. 592 of 2012 instituted for the offence under Section 406 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
There is allegation in the complaint petition that marriage of complainant was settled with petitioner No. 1 and the date of marriage was fixed on 24.4.2012 but the same was not performed because the accused persons started demand of Rs.1,00,000/-. In this manner, there is general and omnibus
Patna High Court Cr.Misc. No.32838 of 2017 (2) dt.18-07-2017 2/2 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. 592 of 2012, 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, West Muzaffarpur, 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