Oral order granting anticipatory bail to petitioners alleged of cheating and dowry demand. Court granted bail conditional on surrender within six weeks in Kotwali PS Case No.437/2015 at Gaya.
Release on bail of Rs. 10,000 each with sureties subject to surrender within six weeks at Kotwali P.S. Gaya.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.57598 of 2015
Arising Out of PS.Case No. -437 Year- 2015 Thana -GAYA KOTWALI District- GAYA ====================================================== 1. Chandra Moleshwar Prasad Sinha Son of Late Girdhari Prasad Sinha, 2. Om Prakash Son of Sri Chandra Moleshwar Prasad Sinha, 3. Smt. Meera Sinha, Wife of Sri Chandra Moleshwar Prasad Sinha, All resident of H.E.c. Qtr, No. A-7, CTI Colony Dhurwa, P.S. - Dhurwa, District - Ranchi (Jharkhand). .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Sandip Singh, Advocate For the State : Mr. Nityanand Tiwary (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
2 21-01-2016 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in a case filed under Section 420 of the Indian Penal Code.
As per the allegation, marriage was fixed between the informant’s daughter and petitioner no.2 and “Chhekha’ was performed and thereafter, the petitioners started demanding dowry for performing the marriage.
Learned counsel contends that allegation under the provisions of Section 420 of the I.P.C. are not attracted in the present case. Though Section 4 of the Dowry Prohibition Act,
Patna High Court Cr.Misc. No.57598 of 2015 (2) dt.21-01-2016
2 / 2
1961 is attracted on the basis of allegation but there is no evidence to show that the petitioners ever demanded money or dowry from the informant. It is contended that in fact negotiation had taken place but marriage was never fixed.
Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Kotwali P.S. Case No.437/2015, the above named petitioners, Chandra Moleshwar Prasad Sinha, Om Prakash and Smt. Meera Sinha shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J)
Sanjay-II/-
U T
2 issues framed by the court
Whether the petitioners should be granted bail upon apprehension of arrest in a dowry-related cheating case.
Whether the allegations under Section 420 IPC and Section 4 of the Dowry Prohibition Act attract to the facts of the case.
3 provisions across 3 enactments
Chandra Moleshwar Prasad Sinha
Om Prakash
Smt. Meera Sinha
The State of Bihar
Ravi Ranjan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
