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Patna High CourtCR. MISC./47492/2023disposed

Asha Jaiswal v. The State Of Bihar

2023-08-16Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47492 of 2023 Arising Out of PS. Case No.-246 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Asha Jaiswal Wife Of Awadhesh Kumar Jaiswal Resident Of Village- Pratap Patti, Ps- Sahebganj, Distt- Muzaffarpur 2.

Aditya Kumar Son Of Awadhesh Kumar Jaiswal Resident Of Village- Pratap Patti, Ps- Sahebganj, Distt- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manoj Kumar Son Of Late Vindeshwari Prasad Resident Of Village- Adarsh Nagar, Station Road, Ghoadsahan, Ps And Po- Ghorasahan, Distt- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Mishra For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-08-2023 Heard learned counsel for the parties.

2. This application has been filed for quashing the order dated 07.06.2023 passed by learned Sessions Judge, East Champaran, Motihari, in Cr. Revision No. 225 of 2023 whereby the learned court below has dismissed the said revision filed by the petitioners against the order dated 17.12.2022 passed by learned S.D.J.M., Sikrahana at Dhaka in connection with Trial No. 1799 of 2022, arising out of Ghorasahan P.S. Case No. 246 of 2019 whereby and whereunder the learned S.D.J.M., Sikarhana at Dhaka has cancelled the bail bonds of the

Patna High Court CR. MISC. No.47492 of 2023(2) dt.16-08-2023 2/3 petitioners and order to issue non bailable warrants of arrest against them.

3. As per prosecution case, informant in his petition before S.H.O., Ghorasahan Police Station stated that with the help of one Pappoo Kumar who is well acquainted with the informant got settled the marriage of his daughter namely Shalu Kumari with petitioner no. 2 working as Mechanical Engineer, Gurgaon, Delhi. It is further alleged that accused persons took Rs. 11,50,000/- from the informant as dowry in installments through Pappoo Kumar. It is also alleged that petitioner no. 2 has illicit relation with one girl named Manisha of Haryana. It is further alleged that the accused persons by concealing the facts of marriage of the son of the petitioner no. 2 deceived the informant in order to extract money from him and he requested to lodge the case against the accused persons.

4. In the interest of justice, the impugned order dated 07.06.2023 by which bail bond of the petitioners have been cancelled is set aside. The petitioners are directed to cooperate and execute the bail bond. He will give an undertaking that he cooperate in the trial and will appear personally or through his lawyer regularly.

5. The order dated 07.06.2023 passed in Cr. Revision

Patna High Court CR. MISC. No.47492 of 2023(2) dt.16-08-2023 3/3 No. 225 of 2023 and the order dated 17.12.2022 passed in Trial No. 1799 of 2022, arising out of Ghorasahan P.S. Case No. 246 of 2019 is hereby quashed with respect to the petitioners. (Sandeep Kumar, J) Ranjeet/- U T