← Library
Patna High CourtCR. MISC./41019/2020bail granted

Sumitra Devi v. The State Of Bihar

2021-07-30Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41019 of 2020 Arising Out of PS. Case No.-634 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Sumitra Devi, W/o Shiv Shankar Prasad Saw, Resident of Village - Digha Ghat, Behind of Post office, P.S.- Digha , Distt.- Patna, at present I.O.C. Barauni, L.N.T., C.I.S.F., Quarter No.33, Distt.- Begusarai. 2.

Shiv Shankar Prasad, Son of Vishwanath Prasad, Resident of Village - Digha Ghat, Behind of Post office, P.S.- Digha, Distt.- Patna, at present I.O.C. Barauni, L.N.T., C.I.S.F., Quarter No.33, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing. The petitioners apprehend their arrest in connection with Begusarai P.S. Case No. 634 of 2019, registered under Section 498(A) of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The accusation is that informant, Laxmi Sah, settled

Patna High Court CR. MISC. No.41019 of 2020(2) dt.30-07-2021 2/3 the marriage of his daughter, Khusbu Kumari with Prabhat Kumar Sah, son of both petitioners and ring ceremony was performed in Royal Heritage situated at Harher Mahadeo Chouck, Begusarai in the evening of 16.10.2019. After finishing the function, Prabhat Kumar Sah and his parents (both petitioners) made demand of cash of Rs.2,00,000/-, ornaments of five bhar and motorcycle, saying that if the demand is not fulfilled then marriage of Prabhat Kumar Sah will perform at another place, while the informant has already been paid cash of Rs.5,00,000/-. Thereafter, informant made request to not make illegal demand then they become adamant.

Learned counsel for the petitioners submits that both petitioners are mother and father of Prabhat Kumar Sah, regarding whose marriage, negotiation was made with the informant but after seeing the girl of the informant, Prabhat Kumar Sah, son of the petitioners, was not ready to perform the marriage then both petitioners refused to perform the marriage of their son with the daughter of the informant due to that reason only to give undue pressure, the present case has been lodged with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the

Patna High Court CR. MISC. No.41019 of 2020(2) dt.30-07-2021 3/3 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai P.S. Case No. 634 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T