Patna High CourtCR. MISC./42087/2018bail granted

Afsar Alam @ Md. Afsar Alam v. State Of Bihar And ANR

2018-07-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42087 of 2018 Arising Out of PS. Case No.-966 Year-2014 Thana- COMPLAINT CASE District- Araria ====================================================== Afsar Alam @ Md. Afsar Alam S/o Late Sarfuddin, Resident of VillageDahgama, P.S. Sikty, District- Araria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Afroza Khatoon, W/o- Afsar Alam @ Md. Afsar Alam, D/o Md. Azim, Resident of Village- Bailguri, P.S. Sikty, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 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 is in custody since 10.05.2018 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 dispute. The case is triable by the Magistrate. The petitioner has

Patna High Court Cr.Misc. No.42087 of 2018(2) dt.17-07-2018 2/2 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/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 Sri S.K. Jha, A.C.J.M.-V, Araria in connection with Complaint Case No. 966C/2014.

(Sudhir Singh, J) Pankaj/- U T