Dwarika Goswami And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66356 of 2018 Arising Out of PS. Case No.-1193 Year-2011 Thana- PURNIA COMPLAINT CASE DistrictPurnia ======================================================
1. Dwarika Goswami and Anr Son of Late Khushi Lal Goswami, Resident of Village- Hansa, P.S.- Raniganj, District- Araria.
2. Deepak Goswami, Son of Shatrughan Goswami, Resident of VillageBarkona, P.S.- Meerganj, District- Purnea. ... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Bharat Mishra, Son of Late Anant Mishra, Resident of Teachers Colony, Madhopur, P.S.- Sahayak Khazanchi Hat, Purnea, District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar Verma For the Opposite Party/s :
Mr.Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2019 Heard learned counsels for the petitioners and the State.
Petitioners apprehend arrest in connection with Complaint Case No. 1193 of 2011 registered for the offence punishable under sections 323, 347 and 365 of the Indian Penal Code and section 5 of the Child Marriage Restraint Act. Learned counsel appearing for the petitioner submits that the petitioners have been falsely implicated in this case due to dirty village politics. The matter is of love affair which resulted in marriage out of their free will. As a matter of fact, since the petitioner no. 1 did not meet the demand of dowry made by the son of the complainant, the present false case has
Patna High Court Cr.Misc. No.66356 of 2018(3) dt.13-02-2019 2/2 been lodged. It is further submitted that the present complaint case has been filed after delay of about a week without there being any plausible explanation for the same. Moreover, petitioner no. 2 is leading a happy conjugal life. Petitioners are men of clean antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Complaint Case No. 1193 of 2011 subject to the conditions laid down under section 438(2) Cr.P.C.
(Arvind Srivastava, J) mcv/- U T