Patna High CourtCR. MISC./39952/2017bail granted

Abdul Barik @ Md. Abdul Barik v. The State Of Bihar

2017-08-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39952 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -SIKTI District- ARRARIA ======================================================

1. Abdul Barik @ Md. Abdul Barik Son of Md. Rahimuddin, resident of Village- Dahgama, Police Station- Sikty, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks bail in a case instituted under Sections 323, 341, 498A/34 of the Indian Penal Code and 3/4 of D.P. Act.

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

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.06.2017. The petitioner 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. The case is triable by the

Patna High Court Cr.Misc. No.39952 of 2017 (2) dt.25-08-2017 2/2 Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it has been 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri S.K. Sharma, J.M. 1st Class, Araria in connection with Sikty P.S. Case No. 148 of 2017.

(Sudhir Singh, J) Amit/- U T