Patna High CourtCR. MISC./56433/2017bail granted

Md. Arif @ Prince v. The State Of Bihar

2017-11-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56433 of 2017 Arising Out of PS.Case No. -122 Year- 2015 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Md. Arif @ Prince, Son of Haji Md. Usman, Resident of Mohalla-Nawadih, P.S.-Town, District-Aurangabad, P/A Savita Sadar, 5A/35, P.S.-Sri Krishna Nagar, District-Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Amit Kumar, Advocate. For the Opposite Party : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 3⁄4 of the D. P. Act.

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 falsely been implicated in the present case due to family petty dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. It is

Patna High Court Cr.Misc. No.56433 of 2017 (2) dt.27-11-2017 2/2 further submitted that earlier a similar case was instituted by the wife of the petitioner. The case is triable by the 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, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 J.M. Ist Class, Patna, in connection with S.K. Puri P.S. Case No. 122/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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