Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3926 of 2023 Arising Out of PS. Case No.-19 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1.

SUNITA DEVI Wife of Mohan Bhagat Rv- Mahpur, P.S.- Bochahan, District- Muzaffarpur.

2.

AJAY KUMAR Son of Mohan Bhagat Rv- Mahpur, P.S.- Bochahan, District- Muzaffarpur.

3.

KUNDAN KUMAR Son of Mohan Bhagat Rv- Mahpur, P.S.- Bochahan, District- Muzaffarpur.

4.

MOHAN BHAGAT @ MOHAN PRASAD Son of Gena Bhagat RvMahpur, P.S.- Bochahan, District- Muzaffarpur. 5.

MUNNI DEVI Wife of Sanjay Prasad R/o Mohalla- Chandani Chowk Jhitkahi, P.S.- Brahampura, District- Muzaffarpur. 6.

SANJAY KUMAR @ SANJAY PRASAD Son of Nagendra Prasad R/o Mohalla- Chandani Chowk Jhitkahi, P.S.- Brahampura, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

RAMESHWAR PRASAD Son of Late Basudeo Prasad R/v- Kashi Pakri, P.S.- Rajepur, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Chandra Shekhar Anand, Advocate For the State :

Mr. Bhanu Pratap Singh, APP For O.P. No.2 :

Ms. Bela Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of O.P. No.2.

Petitioners apprehend their arrest in connection with Rajepur P.S. Case No.19 of 2022, registered for the offences punishable under Sections 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.3926 of 2023(7) dt.11-07-2023 2/3 As per averment of FIR, the case of the prosecution is that the informant has filed a written petition before S.H.O., Rajepur P.S. stating therein that he has settled marriage of his daughter with petitioner no.3, Kundan Kumar. On 20.07.2021, ring ceremony was solemnized. At the time of ring ceremony, gold chain, ring, cash etc. were given to the accused persons. The further case is that after the ring ceremony, the accused persons started demanding Rs.10,00,000/- and a Bullet Motorcycle as dowry from the informant and when the informant showed his inability to fulfill the above demand, the accused persons refused to solemnize the marriage. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case.

The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that no ring ceremony was held as alleged in the FIR. Learned APP for the State has filed a counter affidavit stating therein that no ring ceremony was held in the said hotel. Learned counsel for the complainant opposed the prayer for grant of anticipatory bail to the petitioners.

Patna High Court CR. MISC. No.3926 of 2023(7) dt.11-07-2023 3/3 was held, let petitioners above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Rajepur P.S. Case No.19 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T