Md. Masad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2807 of 2018 Arising Out of PS. Case No.-110 Year-2017 Thana- BELA District- Sitamarhi ====================================================== Md. Masad, Son of Md. Jilani, resident of Village- Bara, P.S.- Bela, DistrictSitamarhi. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Tarannum Khatoon, Wife of Md. Masad, resident of Village- Bara, P.S.- Bela, District- Sitamarhi.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa For the Opposite Party/s :
Mr. CHAUBEY JAWAHAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 498A, 341, 323, 504, 506, 379 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 23.11.2017 and has got no criminal 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
Patna High Court Cr.Misc. No.2807 of 2018(2) dt.18-01-2018 2/2 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 C.J.M., Sitamarhi in connection with Bela P.S. case No.110 of 2017. (Sudhir Singh, J) Narendra/- U T