Dinesh Kumar @ Deepak And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41653 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -HISUA District- NAWADA ======================================================
1. Dinesh Kumar @ Deepak
2. Mahesh Kumar @ Raj Kumar Mahesh Both sons of Late Shriram Prasad, resident of village-Kella, P.S.-Saare, District-Nalanda, at present resident at Flat No.204, Maa Kunj Residency, New Karmik Nagar, P.S.-Sarai Kela, District-Dhanbad.
3. Ashok Kumar Paswan @ Ashok Paswan, son of Rajendra Paswan, resident of village-Uttarthu, P.S.-Asthawan, District-Nalanda at present residing at Flat No.203, Maa Kunj Residency, New Karmik Nagar, P.S.-Sarai Kela, District-Dhanbad.
4. Sukhdeo Paswan, S/o Late Fulchand Paswan, resident of village-Rampur (Bhalua) P.S.-Kochakol, District-Nawada. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mrs. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Hisua P.S. Case No. 80 of 2017 registered under Sections 420, 406, 120B read with 34 of the Indian Penal Code and
Patna High Court Cr.Misc. No.41653 of 2017 (2) dt.20-09-2017 Sections 3 and 4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioners that there is no truth behind the allegation that the petitioners had demanded any dowry from the informant or his family members or anything was paid. She has submitted that all the gift items which were paid to the petitioners during the different ceremonies in connection with the marriage have already been returned. However, a false case has been instituted after five months after much deliberation and as an afterthought to implicate the petitioners. She has submitted that petitioner no.1 is the person with whom the marriage was proposed, petitioner no.2 are his brothers, the accused Shanti Devi is his widow mother and accused Nita Kumari is the sister of petitioner nos.1 and 2.
Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. Considering the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each
Patna High Court Cr.Misc. No.41653 of 2017 (2) dt.20-09-2017 to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 80 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T