IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10860 of 2010 1. Satyendra Yadav @ Shatendra Yadav, son of Late Bhagban Das Yadav. 2. Shyam Kumari Devi @ Mangari Devi @ Shyam Kumaria Devi, wife of Satyendra Yadav @ Shatendra Yadav. Both are resident of Village- Fesar, P.S. Jamhore, District- Aurangabad. …………………………………..Petitioners. Versus The State of Bihar …………………………….Opposite Party. For the petitioners :- Mr. Krishna Pd. Singh, Sr. Advocate. Mr. Manish Kumar No. 3, Advocate. For the O.P. :- Mr. Manish Kumar No. 2, Advocate. For the State :- Mr. R. B. Roy ‘Raman’, A.P.P. ----------- 3. 27. 04. 2010. Heard the parties including the learned counsel appearing on behalf of the informant. The petitioners apprehend their arrest in connection with Complaint Case No. 566/09 corresponding to Tr. No. 926/09, in which cognizance has been taken under Section 406 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. According to the prosecution case, marriage of Manju Devi, daughter of the complainant was fixed with co-accused Vijendra Yadav and ring ceremony was performed. The complainant claims to have paid Rs. 2,50,000/- towards expense of the Barat, but there was further demand of dowry and therefore, marriage could not be finally solemnised. It is submitted by the learned counsel appearing on behalf of the petitioners that even according to the prosecution case, amount of Rs. 2,50,000/- was given to accused Dasrath Yadav, father of the bridegroom Vijendra Yadav. Petitioner No. 1 is son-in- 2 law of aforesaid Dasrath Yadav and Petitioner No. 2, is daughter of aforesaid Dasrath Yadav. It is further submitted that at best it can be said that petitioners participated in the negotiation of marriage and they are alleged to have made demand of certain amount, but no money was paid to the petitioners. Learned counsel for the informant has strongly opposed the prayer for anticipatory bail made on behalf of the petitioners and has submitted that subsequent complaint petition filed by co-accused Dasrath Yadav, vide Annexure-3 was for the purpose of creating some defence in the present case. Be that as it may, in view of the fact that there is no specific allegation about receipt of money by the petitioners, in that view of the matter, in the event of their arrest/surrender within a period of four weeks from today, the petitioners, namely, Satyendra Yadav @ Shatendra Yadav and Shyam Kumari Devi @ Mangari Devi @ Shyam Kumaria Devi, shall be enlarged 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 Sri Ravi Ranjan, Judicial Magistrate, Ist Class, Jehanabad, in connection with Complaint Case No. 566/2009 (Tr. No. 926/09) subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)