Serajuddin @ Md. Serajuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.827 of 2022 Arising Out of PS. Case No.-444 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

SERAJUDDIN @ MD. SERAJUDDIN Son of Kamaruddin Resident of Mohalla- Shahjuma, P.S.- Sasaram (T), District- Rohtas. 2.

Mumtaj @ Md. Mumtaj Son of Kamaruddin Resident of MohallaShahjuma, P.S.- Sasaram (T), District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhouri Vipin Bihari Shrivastava, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the bail application in course of the day.

Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 406, 420 and 34 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act. Prosecution case, in short, is that the informant fixed

Patna High Court CR. MISC. No.827 of 2022(2) dt.16-05-2022 2/3 marriage of his daughter with petitioner No.2 and gave silver rings and cash Rs.50,000/-. The informant also gave Rs.3 lacs to petitioner No.1, who is brother of petitioner No.2. Petitioner No.1 then demanded Rs.5 lacs, which was not paid by the informant and the petitioner No.2 refused to marry. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. No such dowry was demanded nor it was accepted by the accused side. There is no documentary evidence to show that any such transaction had taken place between the parties or any such demand was made by the accused persons. For ulterior motive the present case has been instituted.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T)

Patna High Court CR. MISC. No.827 of 2022(2) dt.16-05-2022 3/3 P.S. case No.444/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T