Ashok Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21638 of 2018 Arising Out of PS.Case No. -471 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Ashok Kumar, S/o Naresh Mahto,
2. Khurni Devi @ Indus Devi W/o Naresh Mahto,
3. Naresh Mahto S/o Ram Lal Mahto,
4. Vivek Kumar S/o Naresh Mahto, All R/o Vill.- Rajpur Jaunapur, P.S.- Patori (Mohanpur O.P.), District- Samastipur. .... .... Petitioners
Versus
1. The State of Bihar.
2. Satya Narayan S/o Davendra Mahto, R/o Vill.- Davan Mohalla, Shish Mahal , P.S.- Khajatala, District- Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Petitioners apprehend their arrest in connection with Complaint Case No. 471 of 2017 lodged for the offences punishable under Sections 420, 406 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
Allegation is that marriage of petitioner No.3 was fixed to the daughter of complainant and petitioners have taken Rs.1.5 lakh, gold chain and other articles but later on they refused the marriage and not returned the money.
Submission of learned counsel for the petitioners is that the whole case is false and concocted as petitioner No.3 is minor aged 16 years, as such, marriage was not fixed and they have not
Patna High Court Cr.Misc. No.21638 of 2018 (3) dt.26-06-2018 2/2 taken any amount or article from opposite party No.2. Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer for anticipatory bail stating that at best petitioners should return the cash amount to him.
Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioners to deposit an amount of Rs.1 lakh to the court below and on depositing the said amount within a period of eight weeks the court below will release the petitioners on bail to its own satisfaction and the amount deposited will be subject to the result of the case.
For the period of eight weeks, no coercive action shall be taken against the petitioners.
(Vinod Kumar Sinha, J) spal/- U T