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Patna High CourtCR. MISC./4154/2015bail granted

Ramesh Chandra Singh And ORS v. State Of Bihar And ANR

2015-01-30Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4154 of 2015 Arising Out of PS.Case No. -1822 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Ramesh Chandra Singh S/o Late Motichandra Singh,

2. Shailendra Singh @ Shailendra Kumar Singh @ Shailesh Singh S/o Late Motichandra Singh

3. Pushpa Devi W/o Shailendra Singh @ Shailendra Kumar Singh @ Shailesh Singh

4. Ram Nagina Singh @ Nagina Singh S/o Late Indradeo Singh

5. Mamta Devi W/o Akhilesh Singh All resident of village - Gareripati (Sikatiya), P.S. - Hata, District - Kushi Nagar, State - Uttarpradesh. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gopal Prasad S/o Late Sahdev Prasad, Resident of Village - Rampur Kharaiya Tola Bhual Khutwania, P.S. - Kuchaikot, District - Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing for the complainant. The petitioners are said to be in-laws of the complainant's daughter, whose marriage was solemnized with accused Ajeet Kumar Singh on 13.06.2014 but according to complaint case itself the complainant's daughter never came in the house of in-laws. From perusal of contents of the complaint, it appears that the petitioners refused to take Bidai of complainant's daughter on account of non- fulfillment of illegal demand of dowry. Learned counsel, appearing for the petitioners, submits that at the time of settlement of marriage, another girl was shown

Patna High Court Cr.Misc. No.4154 of 2015 (2) dt.30-01-2015 2/2 but at the time of marriage the said girl was replaced and that was the reason of the dispute. It is further submitted that prior to filing of present complaint case, the complainant had filed Complaint Case No.961/2007 against Ram Iqbal Patel and others in connection with the marriage of his daughter, namely, Neelam, which goes to show that the complainant is in habit of filing false cases with an intent to fetch money.

Learned counsel appearing for complainant refuted the submissions arguing that before the court below Invitation Card of marriage had been filed on behalf of both the sides and the name of the girl in the Invitation Card was the same. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gopalganj, in C.Case no. 1822/2014, Tr. No. 5283/2014 subject to the conditions as laid down under section 438(2) Cr.P.C. (Hemant Kumar Srivastava, J) singh/- U T