Md. Shahid v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13538 of 2018 Arising Out of PS.Case No. -112 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Md. Shahid, S/o Sanaul Haque, resident of Village- Nautan, P.S.- Nautan, District- West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Naheed Perween, W/o Md. Shahid, D/o Md. Ayub, resident of MohallaBaswaria, Michal Colony, P.O. + P.S.- Bettiah Town, Dist.- West Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the State : Mr. Pradeep Narain Kumar, A.P.P. For the O.P. No. 2 : Mr. Bimlesh Kumar Pandey and Mr. Amit Kumar Pandey, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State. The petitioner is languishing in custody since 24.01.2018 in a case for the offence registered under Sections 323, 498(A) of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.13538 of 2018 (2) dt.08-03-2018 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further 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 learned counsels for the State and learned counsel for opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Bettiah, West Champaran, in connection with Nautan P.S. Case No. 112 of 2017 (Complaint Case No. 538-C/2017).

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