Md. Murtuza v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6874 of 2017 Arising Out of PS.Case No. -3442 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Md. Murtuza, son of Late Md. Kayam, resident of village- Kash Nagar, P.S. Sonbarsa Raj, District- Saharsa .... .... Petitioner

Versus

1. State of Bihar

2. Ismat Khatun wife of Md. Murtuza, daughter of Abdul Salam, presently residing at Saharsa Basti, Ward No. 38, Town P.S. and District- Saharsa .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 3442 of 2015 for the offence instituted under Section 498(A) of the Indian Penal Code. The allegation against the accused persons including this petitioner is of subjecting mental and physical torture upon the informant for demand of 10 dhurs of land. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The allegations made in the complaint case are denied by the

Patna High Court Cr.Misc. No.6874 of 2017 (2) dt.13-02-2017 2/2 petitioner. The petitioner is working in Delhi and the complainant also wants to reside in Delhi with him. For the said reason, the dispute has taken place between the parties, which lead to the institution of the present case.

On behalf of the State, it has been submitted that the petitioner is named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 3442 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T