Patna High CourtCR. MISC./26030/2017bail granted

Md. Sufiyan v. State Of Bihar And ANR

2017-08-25Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.26030 of 2017 (3) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26030 of 2017 Arising Out of PS.Case No. -793 Year- 2015 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Md. Sufiyan son of Md. Daud resident of Village- Pipra, Police StationDhoraiya, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Samseeda Khatoon, wife of Md. Sufiyan, daughter of Md. Sohail. resident of Village- Dafarpur, Police Station- Barahat, District- Banka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Md. Najmul Hodda, Advocate For the State : Mr. Dilip Kumar, APP For Opposite Party No.2 : Mr. Anand Kumar Singh, Advocate Mr. Dharmendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Opposite Party No.2. The petitioner seeks bail in a case instituted under Section 498(A) of the Indian Penal Code.

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 2.4.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.26030 of 2017 (3) dt.25-08-2017 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 State and learned counsel for the Opposite Party No.2, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Banka in connection with Complaint case No.793 of 2015. (Sudhir Singh, J) Narendra/- U T