Patna High CourtCR. MISC./16830/2015allowed

Ashok Kumar Singh And ORS. v. The State Of Bihar

2015-04-13Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16830 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -MAHILA PS District- AURANGABAD ======================================================

1. ASHOK KUMAR SINGH

2. SHASHI BHUSHAN KUMAR SINGH @ SITU

3. MITHILESH KUMAR SINGH AND

4. ALAKHDEO SINGH, RESIDENT OF VILLAGE BASANTPUR POLICE STATION NTPC KHAIRA, DISTRICT AURANGABAD .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-04-2015 Heard learned counsel for the petitioners and the other side.

The petitioners apprehend arrest in a case under sections 376 of the Indian Penal Code and 3/5 of the Dowry Prohibition Act.

Petitioner no. 1 and 3 are own brothers, petitioner no.4 is father of petitioner no.1 and 3, whereas petitioner no.2 is son of petitioner no.1.

Learned counsel submits that marriage negotiation of Amrita Kumari was going on with one Ravi Ranjan Kumar, son of petitioner no.1 and grand son of petitioner no.4. The informant alleged that on pretext of marriage said Ravi Ranjan Kumar committed rape on her and now they are demanding

Patna High Court Cr.Misc. No.16830 of 2015 (2) dt.13-04-2015 heavy dowry for consummating marriage. Learned counsel submits that there is no allegation of rape against any of the petitioners and even demand of dowry for performing marriage is also false. Furthermore, the victim in her 164 Cr.PC statement stated that she established physical relation consensually as Ravi Ranjan Kumar promised marriage.

As there is no allegation of rape against the petitioners, in the event of arrest/surrender, let them as mentioned above, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Aurangabad in Mahia Police station Case No. 4 of 2015.

It goes without saying that accused Ravi Ranjan Kumar must submit himself to the process of law, failing which the court would take steps against him.

(Samarendra Pratap Singh, J) Shashi.

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