Md. Jawed @ Jawed v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13305 of 2018 Arising Out of PS. Case No.-236 Year-2017 Thana- BARSOI District- Katihar ====================================================== Md. Jawed @ Jawed S/o Md. Rustom, R/o Village- Sihigaon, P.S.- Barsoi, District- Katihar.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Muso Khatoon W/o Md. Jawed @ Jawed, R/o Village- Sihigaon, P.S.- Barsoi, District- Katihar & D/o Md. Mainuddin, presently reside at Village- Baltar, P.S.- Barsoi, District- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Qumrul Hoda For the Opposite Party/s :

Mr. CHAUBEY JAWAHAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 Counsel for the petitioner is permitted to make necessary correction in the name of the father of the opposite party No.2 in address column in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A/34 of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2017 and has got no criminal

Patna High Court Cr.Misc. No.13305 of 2018(2) dt.09-03-2018 2/2 antecedent. Charge sheet has been submitted in this case. 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 case is triable by the Magistrate. The 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 F.I.R.

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 learned C.J.M., Katihar in connection with Barsoi P.S. case No.236 of 2017. (Sudhir Singh, J) Narendra/- U T