Kalendar Ali And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56378 of 2017 Arising Out of PS.Case No. -869 Year- 2016 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. KALENDAR ALI, son of Kurban Ansari.

2. Kurban Ansari, son of Late Hamid Ansari. Both residents of VillageDara Nagar, P.S.- Nauhatta, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Asma Khatoon, D/o Mohiyuddin Ansari, resident of Village- Kirhindi, P.S.- Sheosagar, District- Rohtas.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Complaint Case No. 869 of instituted for the offence under Sections-3 of Dowry Prohibition Act. As per complaint petition, the marriage of the complainant was fixed with petitioner no. 1 and engagement ceremony was also held but finally the petitioner did not perform his marriage with the complainant due to dowry.

Learned counsel for the petitioner has submitted that complainant herself refused to perform marriage with the petitioner no. 1 then the entire Barat returned back. There is general and omnibus allegation levelled against the petitioners.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.56378 of 2017 (2) dt.29-11-2017 2/2 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 869 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.