Nabibul @ Md. Nabibul v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50527 of 2017 Arising Out of PS.Case No. -2760 Year- 2011 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Nabibul @ Md. Nabibul, S/O Late Habib @ Habua, R/V- Kujari, P.S. Palasi, District-Araria.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Samuna Khatoon, W/O Nabibul @ Md. Nabibul, R/V- Kujari, P.S. Palasi, District- Araria.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Rana, Advocate. For the State : Mr. Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.06.2017 in a case for the offence registered under Section 498(A) of the IPC.

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

Patna High Court Cr.Misc. No.50527 of 2017 (2) dt.17-10-2017 2/2 Magistrate. 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 S.D.J.M. Araria, in connection with Complaint Case No. 2760-C of 2011. U.K./- (Sudhir Singh, J) U T