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Patna High CourtCR. MISC./31987/2018bail granted

Asraf Ali @ Asaraf Ali v. State Of Bihar And ANR

2018-07-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31987 of 2018 Arising Out of PS. Case No.-1246 Year-2012 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Asraf Ali @ Asaraf Ali, Son of Ejajul Ansari @ Ijajul Ansari, Resident of Village- Punaura Tole Aziz Nagar, P.S.- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sakila Khatoon, Wife of Asraf Ali, Daughter of Late Jumrati Ansari, Presently residing at her parental home at Village- Bhorha, P.S.- Riga, DistrictSitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashhar Mustafa For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A 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 7.2.2018 and has got no criminal antecedent. 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

Patna High Court Cr.Misc. No.31987 of 2018(3) dt.05-07-2018 2/2 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/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 S.D.J.M. Sadar, Sitamarhi in connection with Trial No.3590 of 2017 arising out of Complaint case No.1246 of 2012. (Sudhir Singh, J) Narendra/- U T