Md. Sayeed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22032 of 2021 Arising Out of PS. Case No.-255 Year-2014 Thana- BISFI District- Madhubani ====================================================== MD. SAYEED Son of Md. Daud Resident of Village- Islampur Chhachhua (Eastern Tola), P.S.- Bisfi, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha For the Opposite Party/s :
Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bisfi P.S. Case No. 255 of 2014 registered under Section 498(A)/364/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The present first information report is filed on the basis of the complaint petition (Annexure1). The police on investigation has found the case to be not true under Section 364 of the I.P.C. and submitted the charge-sheet only under section 498(A), as contained in Annexure-2. Further he submits that on perusal of Annexure-4, it appears that the victim is alive and living at her Maike. This shows the falsity of
Patna High Court CR. MISC. No.22032 of 2021(2) dt.28-01-2022 2/2 the complaint case. From perusal of Annexure-5, it is evident that the learned C.J.M. took cognizance under section 498A of the I.P.C. and section 3⁄4 of the Dowry Prohibition Act against petitioner and others. It is also submitted that the instant case is a counter blast of earlier case filed by the petitioner against the informant, as contained in Annexure-6 to the bail application. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of A.C.J.M.-I, Benipatti in connection with Bisfi P.S. Case No. 255 of 2014 corresponding to C.R. No. 28 of 2017/Tr. No. 1828 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
shailendra/- (Arvind Srivastava, J) U T