Md. Noor Alam Shah @ Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15192 of 2019 Arising Out of PS. Case No.-1641 Year-2016 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Md. Noor Alam Shah @ Md. Noor Alam Son of Abid Shah @ Md. Abid Shah Resident of Village - Srirampur, P.S.- Bahera, District - Darbhanga (Bihar) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sakina Khatoon Wife of Md. Noor Alam Shah, D/o- Md. Nasim Sah Resident of Village - Muria, P.S.- Sadar, District - Darbhanga (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under section 498A of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. On the earlier occasion also, the victim and her family members have instituted case for similar offence against

Patna High Court CR. MISC. No.15192 of 2019(2) dt.12-03-2019 2/2 the petitioner and his family members. 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 Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Darbhanga in connection with Complaint Case Cr. No. 1641 of 2016, Tr. No. 3600/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T