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Patna High CourtCR. MISC./37221/2015bail granted

Shanti Devi v. The State Of Bihar

2015-12-07Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37221 of 2015 Arising Out of PS.Case No. -369 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Shanti Devi, Wife of Anandi Mishra, resident of Village- Brindawan, Police Station: Lakhisarai, District: Lakhisarai.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.52074 of 2015 Arising Out of PS.Case No. -369 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Praveen Mishra, son of Anandi Mishra, resident of Village- Brindawan Kiul, Police Station: Lakhisarai, District- Lakhisarai.

2. null null null .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.37221 of 2015) For the Petitioner/s : Mr. Achal Kumar Sinha, Adv. For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) (In Cr.Misc. No.52074 of 2015) For the Petitioner/s : Mr. Achal Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.

The petitioners apprehend their arrest in Lakhisarai P.S. Case No. 369/2015, registered for the offences punishable under Sections 420, 406, 352, 409, 506/34 of the Indian Penal Code.

The informant alleged that the marriage of his daughter Manisha Kumari was settled with Praveen Mishra, son of Anandi Mishra. Engagement ceremony was also performed. It is alleged that Anandi Mishra, his son Praveen Mishra and wife Shanti Devi requested to give Rs. 5,00,000/- to them for construction of the house, but the same was not returned nor marriage was performed. Marriage negotiation was broken due to additional demand of dowry.

It is submitted that the marriage of Praveen Mishra was never settled with the daughter of the informant, no photographs was attached with the FIR. Shanti Devi is mother of bridegroom and she never demanded dowry and money from the informant.

Learned counsel for the informant as well as learned Additional P.P. vehemently opposed the prayer for bail. Considering the nature of allegation made against the petitioners and the fact that Shanti Devi is mother of Praveen Mishra (so-called bridegroom), 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) each with two sureties of the

like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 369/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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