Narendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33882 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== 1.
NARENDRA KUMAR SON OF LATE BADHNATH SINGH RESIDENT OF VILLAGE- KHAIRVA DARP, P.S.- SHEOHAR, DISTRICTSHEOHAR AT PRESENT R/V MAANGO, P.S.- OLIDIH, DISTRICTSHEAHBHUM (JHARKHAND) 2.
SHIVAM KUMAR SON OF NARENDRA KUMAR RESIDENT OF VILLAGE- KHAIRVA DARP, P.S.- SHEOHAR, DISTRICT- SHEOHAR AT PRESENT R/V MAANGO, P.S.- OLIDIH, DISTRICT- SHEAHBHUM, STATE JHARKHAND 3.
KUMAR SATYAM SON OF NARENDRA KUMAR RESIDENT OF VILLAGE- KHAIRVA DARP, P.S.- SHEOHAR, DISTRICT- SHEOHAR AT PRESENT R/V MAANGO, P.S.- OLIDIH, DISTRICT- SHEAHBHUM, STATE- JHARKHAND 4.
RUBI DEVI WIFE OF NARENDRA KUMAR RESIDENT OF VILLAGEKHAIRVA DARP, P.S.- SHEOHAR, DISTRICT- SHEOHAR AT PRESENT R/V MAANGO, P.S.- OLIDIH, DISTRICT- SHEAHBHUM, STATEJHARKHAND ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nitya Nand Neeraj, Advocate For the State :
Mr. Amitesh Kumar, APP For the Informant : Mr. Pushpendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 420/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The allegation against the petitioners is that they fixed the marriage with the daughter of the informant, organized the ring
Patna High Court CR. MISC. No.33882 of 2023(3) dt.07-12-2023 2/3 ceremony and after Tilak ceremony, they demanded Rs.15 lacs in dowry and on refusal thereof, they refused to solemnize marriage with her.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have never demanded any dowry demand. It is further submitted that the marriage was fixed with petitioner no.3 but the informant suppressed the date of birth and also the fact that his daughter is Manglik, which is also mentioned in the case diary. Learned counsel for the petitioners further submitted that they have already returned Rs.6,50,000/- which was spent in the ring ceremony and further informant is demanding more money. It is further submitted that petitioners are ready to deposit Rs.2,00,000/- (Rupees Two Lakhs) in the Nazarat of the Civil Court. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned counsel for the opposite party no.2 has no objection to the aforesaid submission.
6. Petitioners are directed to deposit Rs.2,00,000/- (Rupees Two Lakhs) in the Nazarat of the Civil Court, which shall be
Patna High Court CR. MISC. No.33882 of 2023(3) dt.07-12-2023 3/3 subject to final outcome of this case.
7. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sheohar P.S. Case No.330 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
8. The learned Court below is directed to accept the bail bond of the petitioner after showing deposit of Rs.2,00,000/- (Rupees Two Lakhs) in the Nazarat of the Civil Court. (Anjani Kumar Sharan, J) Trivedi/- U T