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Patna High CourtCR. MISC./74825/2023bail granted

Mansoor Dewan @ Mansur Devan v. The State Of Bihar

2023-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74825 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Mansoor Dewan @ Mansur Devan S/O Rasul Dewan Village- Lalgarh, Ps. Muffasil, Dist. West Champaran 2.

Bashir Dewan S/O Mansoor Dewan @ Mansur Devan Village- Lalgarh, Ps. Muffasil, Dist. West Champaran ... ... Petitioners

Versus

1.

The State Of Bihar 2.

Aliyas Sai S/O Kalimullah Sai Village- Mehnaul Kala, Ps. Matiyariya, Dist. West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Preeti Kumari, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 323, 504 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. As per the prosecution case, petitioners demanded Rs.2 lacs as dowry from the complainant for marriage of her daughter and on failure of fulfilling dowry demand, marriage did not solemnize. Petitioner no.1 is boy himself and petitioner no.2 is his father.

4. learned counsel for the petitioners denies allegation of demand of dowry. He submits that as a matter of fact when the negotiation of marriage failed for some reasons, complainant taking advantage of the situation, lodged the instant case with false allegation against these petitioners to put pressure for marriage. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer

Patna High Court CR. MISC. No.74825 of 2023(2) dt.29-11-2023 2/2 for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class cum AM III, Bettiah, West Champaran in Complaint Case No. 97C/2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T