Patna High CourtCR. MISC./31762/2017dfd for non appearance

Wajir Mansoori v. The State Of Bihar

2017-08-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31762 of 2017 Arising Out of PS. Case No.-180 Year-2016 Thana- RIGA District- Sitamarhi ====================================================== Wajir Mansoori son of Jainul Mansoori, resident of village Khpraha, P.S. Kanhauli, District Sitamarhi ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Jarina Khatoon, w/o Wazir Mansoori, D/o Nazir Mansoori, R/v Ramvan, P.S. Harkathava, Dist. Malangava (Nepal) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. BINOD KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 323, 324, 307, 120B/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 of the Arms Act.

Allegation against the petitioner is of committing torture and assault 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 26.8.2016 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

Patna High Court Cr.Misc. No.31762 of 2017(6) dt.20-02-2018 2/2 present case due to petty family dispute. 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. The petitioner has remained in custody for about one and half years. 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 Additional Chief Judicial Magistrate III, Sitamarhi in connection with Riga P.S. case No.180 of 2016.

(Sudhir Singh, J) Narendra/- U T