Md. Kalamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8640 of 2018 Arising Out of PS.Case No. -113 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Kalamuddin, Son of Md. Sakil, Resident of Village Bakhri Mahesh, Police Station- Kalyanpur, District East Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the Opposite Party : Smt Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 19.10.2017 in a case for the offence registered under Sections 498(A), 341, 323, 308, 379, 504, 506/34 of the IPC and 3⁄4 of the D.P,. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no

Patna High Court Cr.Misc. No.8640 of 2018 (2) dt.13-02-2018 2/2 allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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 the learned 9th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kalyanpur P.S. Case No. 113 of 2017.

U.K./- (Sudhir Singh, J) U T