IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17556 of 2011 1. BACHCHI DEVI, WIFE OF SHIV SHANKAR PRASAD. 2. SHIV SHANKAR PRASAD, SON OF LATE CHHOTE NARAIN BHAGAT. 3. BIPIN BIHARI PRASAD. 4. SANTOSH KUMAR. 5. SHAKTI KUMAR, ALL SERIAL NO. 3 TO 5 ARE SONS OF SHIV SHANKAR PRASAD, ALL RESIDENT OF VILLAGE- TANKUPPA, P.S. KOCH, DISTRICT-GAYA. …….PETITIONERS. Versus THE STATE OF BIHAR . ….OPPOSITE PARTY. ----------- 02. 15.06.2011 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under Sections 406, 420/34 of the Indian Penal Code. Allegation against petitioners and other accused persons is that they accepted cash and articles for marriage of informant’s daughter with one of the petitioner Bipin Bihari Prasad but ultimately, the marriage was not performed by the petitioners and they did not also return cash and articles. Learned counsel for the petitioners submits that the entire allegation is false and frivolous, as the petitioner has not received any cash and articles from the informant and in fact, the marriage broke due to refusal of the daughter of informant to marry with Bipin Bihari Prasad whereafter, at the instance of the father of the girl himself, his Sala’s grand daughter was to be married with Bipin Bihari Prasad. It is also claimed that in spite of the aforesaid fact only with ulterior motives the instance case was lodged after Tilak of the aforesaid marriage had taken place. 2 Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender of the petitioners, namely, Bachchi Devi, Shiv Shankar Prasad, Bipin Bihari Prasad, Santosh Kumar and Shakti Kumar within fifteen days from the date of receipt of a copy of this order in the court below, they shall be admitted to bail on executing bail bonds of Rs. 10,000.00 (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 36 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Devendra/ ( S.N. Hussain, J.)