Patna High CourtCR. MISC./1820/2018bail granted

Md. Sahabuddin v. State Of Bihar And ANR

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1820 of 2018 Arising Out of PS. Case No.-159 Year-2017 Thana- ALAMNAGAR District- Madhepura ====================================================== Md. Sahabuddin, Son of Late Masruddin, Resident of Village- Bajraha, Dr. Suleman Tola, P.S. Alam Nagar, District Madhepura. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Noor Jahan Praveen, wife of Sahabuddin, resident of Village- Bajraha, Dr. Suleman Tola, P.S. Alam Nagar, District Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. JAGDHAR PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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 26.09.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. 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 dispute. The case is triable by

Patna High Court Cr.Misc. No.1820 of 2018(2) dt.18-01-2018 2/2 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 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., UdaKishunganj, Madhepura in connection with Alam Nagar P.S. case No.159 of 2017.

(Sudhir Singh, J) Narendra/- U T