Kurnal Kumar @ Raja Babu @ Kunal Kumar @ Kunal Kumar Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.34111 of 2018 (2) dt.29-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34111 of 2018 Arising Out of PS.Case No. -144 Year- 2016 Thana -KOPA District- SARAN ======================================================
1. Kurnal Kumar @ Raja Babu @ Kunal Kumar @ Kunal Kumar Singh, S/o Late Mannu Singh,
2. Kishori Devi @ Sushila Devi W/o Late Prabhunath Singh, Both are Residents of Vill.- Majlishpur, P.S.- Kopa, District- Saran at Chapra.
3. Satendra Singh @ Satyendra Kumar Singh S/o Late Maha Prasad Singh,
4. Guriya Devi W/o Satendra Singh @ Satyendra Kumar Singh, Both are R/o Vill.- Inayatpur, P.S.- Daudpur , District- Saran at Charpra. At present Professor Colony, In front of D.A.V. School, P.S.- Town (Siwan), DistrictSiwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2018 Heard both sides.
The petitioners apprehend their arrest in Kopa P.S. Case No.144 of 2016 registered under Sections 504, 506, 420, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. The informant filed complaint case on the basis of which the present F.I.R. was registered.
Mr. Bakshi S.R.P.Sinha,learned senior counsel for the petitioners submits that on perusal of the contents of complaint, it would appear that entire allegation is false and concocted. The complainant has alleged in complaint petition that when negotiation was finalized the date of marriage was settled in the month of August. In the month of August/September, no marriage is
Patna High Court Cr.Misc. No.34111 of 2018 (2) dt.29-06-2018 solemnized in Hindu community and this fact itself shows the falsity of the entire case. No chit of paper or any photograph is affixed with the complaint petition showing the engagement or payment of any money to the petitioners. It is further submitted that the complaint petition was sent to the police station under Section 156(3) of the Cr.P.C. for registration and investigation but the complaint petition was not filed on affidavit and the complainant has not stated anywhere in the complaint petition that he informed the S.P. about the non-registration of the case by the police officer.
Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. Case No.144 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Saurabh/- (Prabhat Kumar Jha, J) U T