Mithilesh Rai @ Mithilesh Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69281 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== 1.
MITHILESH RAI @ MITHILESH KUMAR RAI S/o Late Shivdani Rai R/o village- Situhari, P.S.- Narayanpur, District- Bhojpur 2.
Rijanti Devi W/o Mithilesh Rai @ Mithilesh Kumar Rai R/o villageSituhari, P.S.- Narayanpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bhojpur Mahila Case No. 122 of 2019 for the offence registered under Sections 341, 323, 376 and 34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The allegation is regarding the informant and her parents having coerced the son of the petitioners herein to marry the informant and thereafter it is alleged that the son of the petitioners namely Golu Kumar had stayed for some time in the house of the parents of the informant and subsequently he had fled away.
Patna High Court CR. MISC. No.69281 of 2019(2) dt.20-11-2019 2/2 The learned counsel for the petitioners submits that neither the petitioners who happen to be the parents of said coaccused Golu Kumar, were instrumental in getting their son married nor they had knowledge about the said marriage and if at all anyone is responsible for the alleged crime it can be the said co-accused Golu Kumar, hence the parents are entitled to the privilege of anticipatory bail. It is further submitted that the petitioners are having clean antecedents. Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara in connection with Bhojpur Mahila Case No. 122 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T