Imteyaz Ahamad v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15692 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- INARWA District- West Champaran ====================================================== IMTEYAZ AHAMAD Son of Alam Ansari Resident of Village- Hardi Patti, Police Station- Nautan, District- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Taranum Khatoon Wife of Imteyaz Ahamad, Daughter of Aitullah Ansari Resident of Village- Sakraul, Police Station- Enarwa, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy For the Opposite Party/s :

Mr.Shailendra Kumar For the informant :

Mr. Bimlesh Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 447, 498(A)/34 of the Indian Penal Code and Sections 3⁄4 of the 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 that vide order dated 26.03.2019, the petitioner was granted provisional bail. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has

Patna High Court CR. MISC. No.15692 of 2019(3) dt.07-05-2019 2/2 been submitted in the present case. 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, the provisional bail granted to the petitioner vide order dated 26.03.2019 in connection Inarwa P.S. Case No. 58 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, is hereby confirmed.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T