Md. Haidar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18024 of 2020 Arising Out of PS. Case No.-1797 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MD. HAIDAR ALI Son of Md. Hasim Resident of Village - Sahpur Baghauni, P.S.- Oeni, District - Samastipur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sahana Khatoon Wife of Md. Haidar Ali Permanent Address- C/o- Md. Raijak, Village - Malpur, P.S.- Patepur, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mazharul Hassan For the State :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case initially registered under Sections 323, 324, 307, 498A, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act but later on, cognizance has been taken for the offence under Sections 498(A)/34, 323 of the Indian Penal Code and Section 4 of the D.P. Act only.

Patna High Court CR. MISC. No.18024 of 2020(2) dt.17-07-2020 2/3 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 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 petitioner is husband of the victim. There is no injury report on record to support the allegation under Section 307 of the Indian Penal Code. No offence u/S 307 of the Indian Penal Code is made out. 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 of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur

Patna High Court CR. MISC. No.18024 of 2020(2) dt.17-07-2020 3/3 in connection with Complaint Case No. C1-1797 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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