Md. Kalimullah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34622 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAHILA P.S. District- SHEOHAR ======================================================
1. Md. Kalimullah, Son of Abdul Kudus,
2. Sahibun Khatoon @ Sahibun Nasa W/o Md. Kalimullah,
3. Md. Ragib Son of Md. Kalimullah,
4. Kalima Khatoon W/o Zeyaul Hoda D/o Md. Kalimullah,
5. Zeyaul Hoda @ Md. Zeyaul Hoda Son of Md. Shamsul Hoda, Petitioner No.1 to 3 are R/o Village- Khotha, P.S.- Belsand, District- Sitamarhi and Petitionar No. 4 &5 are Resident of Village- Phatmachak, P.S. and District - Sheohar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. B. N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2017 Heard both sides.
The petitioners apprehend their arrest in Sheohar (Mahila) P.S. case No. 10 of 2017 under Section 420, 504, 34 of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act.
The informant alleged that marriage of his daughter was settled with Md. Badrul Hoda, son of petitioners No.1 and 2. The engagement was performed and on the occasion of engagement the informant paid Rs. 5 lacs to the father of bridegroom. The informant also spent good amount on clothes and reception but later on the accused persons refused to marry with the daughter of the informant.
Patna High Court Cr.Misc. No.34622 of 2017 (3) dt.17-08-2017 2/2 The learned counsel for the petitioners submits that petitioners are father, mother, brother, sister and sister-in-law of the bridegroom. The petitioners never received any money from the bridegroom. The bridegroom did not agree to marry with the victim and that is why the informant lodged the case making false and frivolous allegation.
Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that petitioners are father, mother and other relatives of bridegroom, 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar Mahila P.S. case No. 10 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T