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Patna High CourtCR. MISC./42544/2017allowed

Shanti Devi And ANR v. The State Of Bihar

2017-09-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42544 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -HISUA District- NAWADA ======================================================

1. Shanti Devi wife of late Sriram Prasad,

2. Nita Kumari @ Nitu Kumari, .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Soni Shrivastava, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420/406/120B/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Marriage of the daughter of the complainant was fixed with co-accused Dinesh Kumar @ Deepak son of the petitioner No.1. The Barat came on the schedule date, however, someone fired in the Barat causing injury to the brother of the bridegroom. In the result, the marriage could not be solemnized as the people carried the injured to the hospital and differences arose for that occurrence. For that occurrence separate F.I.R. was lodged. After few days the present F.I.R. was lodged with

Patna High Court Cr.Misc. No.42544 of 2017 (2) dt.21-09-2017 P2/ allegation that dowry was received by the petitioners' side and marriage was not solemnized as such the complainant was cheated.

Considering the background and the nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/successor Court in connection with Hisua Police Station Case No. 80 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T