Allowed bail application filed by three accused apprehending arrest in a dowry-related case involving IPC and Dowry Prohibition Act offences, allowing surrender within 30 days.
Petitioners released on bail on furnishing bonds of Rs.20,000 each with two sureties of similar amount within thirty days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82719 of 2019
Arising Out of PS. Case No.-303 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
The perusal of the FIR reveals that even the informant was involved in illegal act of payment of amount which was part of consideration of marriage. Hence, informant cannot get protection of law if the marriage fails.
Hence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within
Patna High Court CR. MISC. No.82719 of 2019(2) dt.23-01-2020 2/2
a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Muffasil Police Station Case No.303 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
The petitioners shall not leave the country without permission of the trial Court.
The observation shall not prejudice the trial.
(Birendra Kumar, J)
Mkr./-
U T
2 issues framed by the court
Whether the petitioners should be released on anticipatory bail apprehending arrest in offences under IPC 406/34 and Dowry Prohibition Act.
Whether the informant can claim protection of law when they were involved in illegal payment of dowry consideration.
3 provisions across 3 enactments
Ankesh Kumar & Ors
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
