Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35560 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -MALSALAMI District- PATNA ====================================================== Asha Devi W/o Ajay Mehta @ Ajay Kumar Resident of Vill - Nakhash Mangal, Akhara, Sampatchak, P.S. Begampur, Dist - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioner seeks pre-arrest bail in connection with Malsalami P. S. Case No. 94 of 2018 registered under Sections 406 and 120(B) read with 34 of the Indian Penal Code and 3/4 of DP Act.

It is submitted by the learned counsel for the petitioner that the allegations made in the FIR are totally misconceived. Though the informant had shown his youngest daughter for being married to the son of the petitioner, in the ring ceremony he changed the bride and tried to marry his eldest daughter with the son of the petitioner which was refused as a result of which a false and concocted case has been instituted.

Patna High Court Cr.Misc. No.35560 of 2018 (2) dt.29-06-2018 2/2 The submission made by the learned counsel for the petitioner has vehemently been opposed by the learned counsel appearing for the informant. He submitted that it is absolutely false that the informant had proposed for marriage of his youngest daughter with the son of the petitioner. He submitted that as a matter of fact, due to non-fulfillment of demand of dowry, the petitioner refused to marry his son with the daughter of the informant.

Be that as it may, considering the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IVth , Patna City in connection with Malsalami P.S Case No 94 of 2018 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Kanchan/- U T