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Patna High CourtCR. MISC./55089/2016bail granted

Dinanath Mahto And ANR v. State Of Bihar And ANR

2017-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55089 of 2016 Arising Out of PS.Case No. -208 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dinanath Mahto Son of Sri Rambilash Mahto

2. Ramesh Kumar Son of Dinanath Mahto Both residents of VillageMishrauli, P.S. Shanichari, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mst. Ramawati Devi Wife of late Jhotil mahto Resident of VillageSabeya Kala, P.S. -Chanpati(Sirisiya O.P), District -West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with S.C. No.1038 of 2016 arising out of Complaitn Case No.208-C of 2016 for the offence under Section 4 of the Dowry Prohibition Act, 1961.

It is submitted on behalf of the petitioners that the allegations against the petitioners is that petitioner no.1 is father of petitioner no.2 and he settled to get his son engaged with the daughter of the complainant and took Rs.4,00,000/- as dowry and gift of Rs.30,000/- but later on he refused to marry his son with the daughter of the complainant but falsity of the present case will

Patna High Court Cr.Misc. No.55089 of 2016 (3) dt.31-01-2017 2/2 appear from the fact that the occurrence is said to have taken place in the year, 2012 whereas the complaint petition has been filed in the year, 2016.

Heard learned A.P.P. and the learned counsel for the informant also. They have opposed the prayer for bail. Having heard both sides. In view of the fact that the case has been lodged after an inordinate delay of four years, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Bettiah, West Champaran in connection with S.C. No.1038 of 2016 arising out of Complaint Case No.208-C of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that he shall cooperate in the investigation of the case and make himself available as and when required by the police. (Vinod Kumar Sinha, J) chn/- U T