Surendra Kumar Seth @ Surendra Seth And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37035 of 2014 Arising Out of PS.Case No. -126 Year- 2014 Thana -SAHPUR District- BHOJPUR ======================================================
1. Surendra Kumar Seth @ Surendra Seth
2. Birendra Kumar Seth Both S/o Late Jamuna Seth
3. Manorma Devi w/o Sri Birendra Kumar Seth All Resident of Mohalla Narbandh Toli, Buxar, Police Station Buxar in the District of Buxar.
4. Ratan Prasad Karigar @ Ratan Prasad Verma S/o Sri Kamta Prasad Verma Resident of Mohalla Bari Tola, Main Road, Buxar, Police Station Buxar in the District of Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Satya Narayan Prasad S/o Late Paran Sah, resident of village- Shahpur Patti, Police Station Shahpur Patti in the District of Bhojpur. .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-02-2015 Heard Mr. Akhileshwar Singh, learned senior counsel for the petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with Shahpur P.S. Case No. 126 of 2014 registered for offence punishable under Section 406 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.
The Police Case arises out of Complaint Case bearing Complaint Case No. 956C of 2014 instituted on 6.5.2014 which was subsequently registered under Section 156(3) of the Code of Criminal Procedure as a police case.
Mr. Singh, learned senior counsel appearing on behalf of
Patna High Court Cr.Misc. No.37035 of 2014 (2) dt.20-02-2015 the petitioners has submitted that the criminal case in question is upon failure of the marriage negotiation. He further with reference to an agreement present at Annexure-2 submits that whereas the matter stood resolved on 21.3.2014 when each of the two parties returned whatsoever things had been exchanged, yet for the sole purpose of harassment that the criminal case has been instituted two months thereafter.
Having heard learned counsel for the parties and taking note of the circumstances existing, let the petitioners, namely, (1) Surendra Kumar Seth @ Surendra Seth, (2) Birendra Kumar Seth,
(3) Manorma Devi, and (4) Ratan Prasad Karigar @ Ratan Prasad Verma in the event of their arrest or surrender before the court below within four weeks from today be released on bail upon each one of them individually furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara in connection with Shahpur P.S. Case No. 126 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Jyoti Saran, J) S.Sb/- U T