IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8855 of 2009 1. DHANANJAY KUMAR SINGH 2. BIRBAHADUR SINGH ------ Petitioners Versus STATE OF BIHAR ----------- 2 16.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that no offence at all under section 406 IPC can be made out for entrustment of dowry amount. However, such amount was not paid to the petitioners rather after initial talk of marriage that could not be finalized as parties belong from the same Gotra and giving money in dowry is also offence only prosecution is barred but that cannot be taken as a weapon to enforce a prohibited marriage. In my view also suggested circumstance does not justify petitioners’ arrest at the moment. Learned counsel for the informant vehemently opposed the bail. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Dighwara P.S.Case No. 9 of 2008 arising out of Complaint Case no. 4028© of 2007, the above named petitioners shall 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 Chief Judicial Magistrate, Saran at Chapra, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI