Arjun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70650 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== 1.

ARJUN PRASAD son of Late Misri Mistri Resident of Kaimashikoh, P.S.- Chowk, District- Patna.

2.

Sindhu Devi wife of Arjun Prasad Resident of Kaimashikoh, P.S.- Chowk, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2019 Heard both sides.

Petitioners apprehend their arrest in Mahila P.S. Case No.62 of 2019 registered under Sections 376, 420 and 34 of the Indian Penal Code.

The victim alleged that she came across with Rishabh Sharma in the year 2012 and developed intimacy. It is further alleged that the informant and Rishabh Sharma were willing to marry with each other and this fact was known to the family members of both sides but Rishabh Sharma established physical relation with the informant on the pretext of solemnizing marriage. Later on Rishabh Sharma refused to marry with the informant. The parents and other relatives of Rishabh Sharma

Patna High Court CR. MISC. No.70650 of 2019(2) dt.18-12-2019 2/3 demanded dowry for solemnizing marriage of Rishabh Sharma with the informant.

Learned counsel for the petitioners submits that the informant is a major girl and she developed intimacy with Rishabh Sharma. The petitioners are mother and farther of Rishabh Sharma. They have no manner of concern with the affairs of Rishabh Sharma and the informant. When Rishabh Sharma refused to marry with the informant, the informant lodged this case making false allegation against the petitioners and other family members of Rishabh Sharma.

Having considered the facts that the victim is a major girl and she voluntarily established physical relation with Rishabh Sharma on the assurance of marriage but when Rishabh Sharma refused to marry, she made allegation against the family members of Rishabh Sharma and lodged this case, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XVII, Patna in connection with Mahila P.S. Case No.62 of 2019,

Patna High Court CR. MISC. No.70650 of 2019(2) dt.18-12-2019 3/3 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T