Rajesh Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45595 of 2016 Arising Out of PS.Case No. -182 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Rajesh Kumar

2. Bikash Kumar Both sons of Parmeshwar Pandit

3. Parmeshwar Pandit son of Late Ram Chandra Pandit

4. Fula Devi wife of Parmeshwar Pandit All resident of Village- Kathauli, Police Station- Noorsarai, District- Nalanda. .... .... Petitioners

Versus

1. The State of Bihar.

2. Ramesh Pandit S/o Late Rampati Pandit Village- Tetari Chak, P.O.- Nadawan, P.S.- Dhanarua, Dist- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Anil Kumar Singh, Advocate.

For the Opposite Parties : Mr. Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2016 Learned counsel for the petitioners is permitted to correct the name of the court in prayer portion of the petition. Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 182-C of 2015, registered for the offences punishable under Sections 3/4 of the Dowry Prohibition Act. The complainant alleged that he settled the marriage of his two daughters with Rajesh Kumar and Bikash Kumar petitioner no. 1 and 2 sons of petitioner no. 3 and 4 but two days before the marriage petitioner no. 3 Parmeshwar Pandit is alleged to have demanded a motorcycle and mobile phone and marriage

Patna High Court Cr.Misc. No.45595 of 2016 (3) dt.13-12-2016 2/2 was not solemnized.

Learned counsel for the petitioners submits that the entire allegation is false and concocted. Both sons of the petitioners are handicap. The complainant did not marry his daughters with son of the petitioners and a false case has been filed. There is no chit of paper to show that the complainant gave any farthing to the petitioners. The petitioner nos. 3 and 4 are ready to marry their sons with the daughters of the complainant. Considering the nature of allegations made against the petitioners, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Masaurhi, Patna in Complaint Case No. 182-C of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T