Surendra Sav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9848 of 2016 Arising Out of PS.Case No. -538 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Surendra Sav, S/o Radhe Sav.

2. Urmila Devi W/o Surendra Sav.

Both Resident of Village- Aslampur, P.S.- Arwal, District- Arwal. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr.

For the State : Mr. For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 20-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioners apprehend their arrest in connection with Maner P.S. Case No.538 of 2015 registered under Sections 420 and 406 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act.

The accusation is that the marriage of Rashmi Kumari, the daughter of the informant, Sulekha Devi, was settled with the coaccused Munna Kumar, the son of the petitioners and cash Rs.8,00,000/- was transferred in the account of the petitioner no.1 through R.T.G.S. whereas Rs.3,11,000/- was given on different occasions but before eight days of the date of marriage, the demand of

Patna High Court Cr.Misc. No.9848 of 2016 (2) dt.20-04-2016 2/2 Rs.6,00,000/- more was again started and the petitioners refused to perform the marriage of the daughter of the informant with his son. Learned counsel appearing on behalf of the petitioners submits that the petitioner no.1 had taken friendly loan of Rs.8,00,000/- from the informant which has already been returned by him to the informant but due to ulterior motive, the present case has been lodged. Learned counsel appearing on behalf of the informant while conceded the returning of Rs.8,00,000/- by the petitioner no.1 to the informant but disputed the contention made on behalf of the petitioners that petitioner no.1 had taken Rs.8,00,000/- from the informant as friendly loan.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K. Thakur, Judicial Magistrate, First Class, Danapur(Patna), in connection with Maner P.S. Case No.538 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T