Md. Sarif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43634 of 2018 Arising Out of PS.Case No. -476 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Sarif S/o Haji Dewan @ Md. Haji Sah Resident of villageMohammadpur,P.S.- Banjaria, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 323, 326, 307, 498A, of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-03-2018 and has got no antecedent. There is no allegation of tampering of witnesses against the petitioner. Charge sheet has already been submitted in this case. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examination report with regard to offence under Section- 307

Patna High Court Cr.Misc. No.43634 of 2018 (2) dt.20-07-2018 of the Indian Penal Code. Rest of the offences are 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/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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia P.S. Case No. 476 of 2016.

(Sudhir Singh, J) A.K.V./- U T