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Patna High Court - Orders

Vishnu Dayal Ram vs The State Of Bihar on 8 August, 2022

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10523 of 2022
                     Arising Out of PS. Case No.-252 Year-2021 Thana- BAHADURPUR District- Patna
                 ======================================================
           1.     Vishnu Dayal Ram S/O Late Kumar Ram R/O Village- Majirwan Kala, P.S.-
                  Phulwariya, Distt.- Gopalganj
           2.    Renu Devi W/O Vishnu Dayal Ram R/O Village- Majirwan Kala, P.S.-
                 Phulwariya, Distt.- Gopalganj
           3.    Pragya Bhushan Kumar S/O Vishnu Dayal Ram R/O Village- Majirwan
                 Kala, P.S.- Phulwariya, Distt.- Gopalganj
           4.    Sushma Devi W/O Rajkumar Ram R/O Village- Sangrampur Raymal, P.S.-
                 Phulwariya, District- Gopalganj

                                                                                  ... ... Petitioners
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anuj Kumar, Advocate
                 For the Opposite Party/s :      Mr.Kanhiya Kishore,App,100
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-08-2022

Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 504 of the Indian Penal Code and under sections ¾ of the Dowry Prohibition Act.

Informant alleges that the engagement of his daughter was solemnized with co-accused Vidya Bhushan Kumar Bharti but when he passed BPSC exam and was offered the post of Revenue Officer, the accused persons including the petitioners started demanding dowry and on non-fulfilment of the same, Patna High Court CR. MISC. No.10523 of 2022(2) dt.08-08-2022 2/2 they refused to solemnize marriage. Moreover, there is general and omnibus allegation of demanding dowry against all the accused persons and no specific overt act has been alleged against the petitioners.

Learned counsel appearing for the petitioners denies the allegation of demand of dowry. He submits that as the proposal of marriage could not materialize, the chance of marriage between the informant and the said co-accused failed. Petitioners have falsely been implicated in this case because they are family members of said co-accused.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released 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 the Judicial Magistrate 1st class, Patna city in Bahadurpur Police Station Case No. 252/2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.




                                             (Prabhat Kumar Singh, J)
    Shashi

U       T