Zakir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14946 of 2020 Arising Out of PS. Case No.-653 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== ZAKIR MIAN S/o Mokhtar Mian R/o village- Tikulia, P.S.- Chanpatia, District- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sarwari Khatoon W/o Zakir Mian, D/o Mohammad Aziz Mian At present R/o village- Jinadpur, P.O.- Bithuna, P.S.- Basantpur, District- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Raghav Prasad, Advocate For the State :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 406, 498A/34 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 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

Patna High Court CR. MISC. No.14946 of 2020(2) dt.08-02-2021 2/2 present case. 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., Siwan in connection with Complaint case No.653 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T