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Patna High CourtCR. MISC./45397/2016bail granted

Manti Kuwar @ Manti Devi And ORS v. The State Of Bihar

2016-12-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45397 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -DAUDPUR District- SARAN ======================================================

1. MANTI KUWAR @ MANTI DEVI Wife of Late Harishanka Singh

2. Alok Kumar Singh @ Alok Kumar Son of Late Harendra Singh null

3. Karishma Kumari D/o Late Harendra Singh All are Resident of villageAmrudha Madarichak, Police Station- Daraunda, District- Siwan .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 420, 405, 323 and 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioners that petitioner no.1 is widow mother, and petitioner nos. 2 and 3 are unmarried brother and sister. The allegation against the petitioners is that the marriage of the informant's daughter was settled with one Prince Kumar on 29.12.2015 but later on, the marriage could not solemnized due to demand of dowry.

It is submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.45397 of 2016 (2) dt.15-12-2016 petitioners are family members of Prince Kumar and there is a dispute between the parties with respect to marriage. Heard learned APP appearing for the State who opposed the bail.

Having heard both sides and in view of the fact that there is dispute between the parties with respect to marriage, and so far as the petitioners are concerned, they are mother and unmarried brother and sister, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Mahendra Prasad Yadav, learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Daudpur P.S. Case No. 10 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioners will cooperate with the investigation of the case.

(Vinod Kumar Sinha, J) A.I./- U T