Sabrun Nesha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51812 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
SABRUN NESHA Wife of Sheikh Hamid Resident of Village-Majhariya Shekh, Police Station-Majhauliya, District-West Champaran. 2.
Sheikh Sadre Alam Son of Sheikh Hamid Resident of Village-Majhariya Shekh, Police Station-Majhauliya, District-West Champaran. 3.
Sheikh Hamid Son of Late Sheikh Nabi Resident of Village-Majhariya Shekh, Police Station-Majhauliya, District-West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Majhauliya P.S. Case No. 111 of 2019 registered for the offences punishable under Sections 406, 506, 504, 34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioners is that marriage of son of petitioner No.3 was fixed with the daughter of the informant and they have taken Rs.5 lac but later on the marriage was not solemnized. Submission of learned counsel for the petitioners is that the whole allegation is false and concocted which will appear from Annexure-2 that son of petitioner No.3 has given Rs.5 lac for construction of the house of the informant but he has not returned the same and thereafter the present false and concocted case has been
Patna High Court CR. MISC. No.51812 of 2019(2) dt.21-08-2019 2/2 filed. It is further submitted that status of both the families is different, as such petitioners did not want to marry the son of petitioner No.3 to the daughter of informant and petitioners belong to a very poor family.
Heard learned APP also.
In view of above facts and circumstances, let petitioner No.1, being a lady, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Majhauliya P.S. Case No. 111 of 2019, G.R. No. 1138 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. So far petitioner Nos. 2 and 3 are concerned, they should surrender and make prayer for regular bail.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U T