Rubani Nesha @ Noor Bani Nesha @ Narbani Nesha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32666 of 2016 Arising Out of PS.Case No. -2077 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT District- WEST CHAMPARAN(BETTIAH) ====================================================== Rubani Nesha @ Noor Bani Nesha @ Narbani Nesha, wife of Mahamdin Mian, Resident of Village - Motipur, West Turhapatti, P.S.-Chanpatia (Sirsia O.P.), District - West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Id Mohammad Mian, Son of Halkhori Mian, Resident of Baghi Baghambarpur, P.S.- Srinagar Pujha, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending her arrest in connection with Complaint Case No.2077(C)/2014/Tr.
No.972/2015 for allegedly having committed the offence under Section 4 of the Dowry Prohibition Act.
Learned counsel appearing for the petitioner submits that the complainant has alleged negotiation of marriage of his daughter with the son of the petitioner and has alleged that accused persons received money to the tune of Rs.1,00,000/- for performing the said marriage. However, the said proposal did not materialize and the money had also not been returned to the complainant. As such, the present case under Section 4
Patna High Court Cr.Misc. No.32666 of 2016 (2) dt.23-12-2016 2/2 of the Dowry Prohibition Act has been lodged against the present petitioner. Learned counsel for the petitioner further submits that co-accused persons, namely, Afroz Mian and Mohamdin Mian, the son and the husband respectively of the present petitioner, have since been extended the privilege of anticipatory bail in Cr.Misc. No.11774 of 2016, vide order dated 16.03.2016.
In view of the aforementioned facts and circumstances, the nature of allegations made and that the petitioner is having no criminal antecedents, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Complaint Case No.2077(C)/2014/Tr. No.972/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T