Patna High CourtCR. MISC./59474/2017bail granted

Amirul Nadaf v. State Of Bihar And ANR

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59474 of 2017 Arising Out of PS. Case No.-100 Year-2017 Thana- NANHPUR District- Sitamarhi ====================================================== Amirul Nadaf, Son of Ushman Nadaf, resident of Village- Manik Chawk Tole Kamaldah, P.S. Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Asgari Khatoon, W/o Amirul Nadaf, D/o Md. Noorul Nadaf, resident of Village- Manik Chawk Tole Kamaldah, P.S. Runnisaidpur, District- Sitamarhi. At present resident of Village- Jhitki, P.S.- Nanpur, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. TARUN PRASAD MANDAL, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A/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 5.7.2017 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

Patna High Court Cr.Misc. No.59474 of 2017(2) dt.08-12-2017 2/2 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 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 Additional Chief Judicial Magistrate, Pupri, District Sitamarhi in connection with Nanpur P.S. case No.100 of 2017.

(Sudhir Singh, J) Narendra/- U T