Md. Son @ Md. Nayaz Akhtar @ Md. Nayaz Akthar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21407 of 2021 Arising Out of PS. Case No.-591 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== MD. SON @ MD. NAYAZ AKHTAR @ MD. NAYAZ AKTHAR SON OF LATE MD. NAYEEMUDDIN R/O VILLAGE- WARD NO.17, ASANBANI, P.S.- GODDA, DISTRICT- GODDA, WRONGLY GIVEN IN THE F.I.R. DISTRICT- JHARKHAND.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NAUSHABA PARWEEN WIFE OF MD. FAISAL R/O VILLAGESINGAHI KALA, P.S.- ARA NAGAR, DISTRICT- BHOJPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 498A & 406 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. 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 due to petty family dispute. The petitioner is cousin brother-in-law of the victim. All the offences are triable by the Magistrate. The

Patna High Court CR. MISC. No.21407 of 2021(2) dt.22-11-2021 2/2 petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 591 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T