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Patna High CourtCR. MISC./39781/2021disposed

Shakti Kumar Pandey @ Shakti Pandey v. The State Of Bihar

2022-07-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39781 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

SHAKTI KUMAR PANDEY @ SHAKTI PANDEY Son of Arbind Kumar Pandey @ Arvind Pandey Resident of Vidyapuram Colony, East Gurhatta Road, P.O.- Mirjanhat, P.S.- Muzahidpur, District- Bhagalpur. 2.

Arbind Kumar Pandey @ Arvind Pandey Son of Late Tapeshwar Pandey Resident of Vidyapuram Colony, East Gurhatta Road, P.O.- Mirjanhat, P.S.- Muzahidpur, District- Bhagalpur.

3.

Shobha Pandey @ Shobha Devi Wife of Arbind Kumar Pandey @ Arvind Pandey Resident of Vidyapuram Colony, East Gurhatta Road, P.O.- Mirjanhat, P.S.- Muzahidpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP Mr.Sourendra Pandey, Adv.

Mr.N.V. Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act.

The allegation against the petitioners is that they have taken and money from the informant on the pretext of marriage of his daughter with petitioner no.1 and after the

Patna High Court CR. MISC. No.39781 of 2021(5) dt.04-07-2022 2/3 engagement ceremony, demands were made and ultimately the marriage of petitioner no.1 was fixed somewhere else. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioners have no criminal antecedent. However, petitioners are agreed to pay Rs.2,00,000/- (Rs.Two Lakhs) to the O.P. No.2.

Considering the same, the petitioners are directed to produce a Bank draft before the learned court below for an amount of Rs.2,00,000/- within a period of six weeks from today and the learned court below shall hand over the same to the O.P. No.2.

After producing of the demand draft by the petitioners named above, they may be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Shambhuganj P.S. Case No.83 of

Patna High Court CR. MISC. No.39781 of 2021(5) dt.04-07-2022 3/3 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T