Shiv Prasad @ Shiv Prasad Gupta @ Mohan v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.45293 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45293 of 2017 Arising Out of PS.Case No. -470 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. SHIV PRASAD @ SHIV PRASAD GUPTA @ MOHAN

2. Aruna Devi

3. Vivek Sah

4. Sandhya @ Meldi Devi

5. Kuber Narayan @ Kuber Narayan Gupta

6. Urmila Devi .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bhabhua Police Station Case No. 470 of 2017, disclosing offences under Sections 406, 420/34 of the Indian Penal Code and Section 3/4 of D.P. Act.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the marriage of daughter of the informant and Yogesh Narayan Sah has been scheduled to be performed but in the ring ceremony the girl has been changed, therefore, petitioners

Patna High Court Cr.Misc. No.45293 of 2017 (2) dt.19-09-2017 refused to perform marriage to that very changed girl and on account of this fact, these petitioners have been made accused in this case. Moreover, the petitioners have already filed an F.I.R. bearing Kotwali P.S. Case No. 2058 of 2017, annexure-P/2 narrating the aforesaid occurrence. No demand of dowry has been made by the petitioners. Hence, the petitioner also deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Bhabhua Police Station Case No. 470 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Arvind Srivastava, J) brajesh/- U T