Mandodari Shrivastava And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43439 of 2018 Arising Out of PS. Case No.-799 Year-2017 Thana- KANKARBAG District- Patna ======================================================
1. Mandodari Shrivastava, wife of Late Ravi Bhushan Shrivastava.
2. Sumit Kumar Ranjan, son of Late Ravi Bhushan Shrivastava. Both resident of Village P.O.- Partaptand, P.S. Bhagwanpur, DistrictVaishali and at present both are living and residing at C/o.- Rakesh Sahu (Guddu), Palpara Pirpukur Road near 2nd Auto Stand, Basdaroni, Kolkata. ... ... Petitioners
Versus
1. The State of Bihar
2. Sushma Srivastava, wife of Prabhat Kumar Srivastava, resident of C/01, P.S.-Bhrampura, District- Muzaffarpur.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanchay Srivastava, Advocate For the Opposite Party/s :
Mr. Sri Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Kankarbagh P.S. Case No.799 of 2017, registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.
Allegation has been made that the marriage of the daughter of the informant was settled and a ring ceremony was solemnized on 03.07.2017 and in that ceremony the informant has given Rs.10,00,000/- to the petitioners, but later on the marriage could not be solemnized as the petitioners were demanding the dowry in a higher side. It has also been alleged
Patna High Court Cr.Misc. No.43439 of 2018(4) dt.21-01-2019 2/2 that the amount which was given to the petitioners has been kept by them illegally.
Learned counsel for the petitioner submits that the daughter of the informant has already been married to someone else and two times the steps have been taken for service of notice upon the opposite party no.2. The Office Note suggests that the lady herself has received the notice and even then she has not appeared.
Looking to the entire facts and circumstances of the case, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, Judicial Magistrate, 1st Class, Patna, in connection with Kankarbagh P.S. Case no.799 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Shivaji Pandey, J) pawan/- U T