Patna High CourtCR. MISC./59469/2017bail granted

Murtuja Ansari v. State Of Bihar And ANR

2017-12-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59469 of 2017 Arising Out of PS.Case No. -329 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Murtuja Ansari, S/o Idrish Ansari, resident of Village- Bahuarawa, P.O.- Laxipur, P.S.- Yogapatti (Sanichari), District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Tarana Khatoon, W/o Murtuja Ansari, D/o Habib Ansari, resident of Village- Bahuarawa, P.S.- Sanichari, District- West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the State : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 30.08.2017 in a case for the offence registered under Sections 498(A), 341, 323, 308, 315/34 of the IPC.

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 petty family dispute. There is no allegation of

Patna High Court Cr.Misc. No.59469 of 2017 (2) dt.11-12-2017 2/2 tampering with the witnesses alleged against the petitioner. There is no injury report to support the allegation made in the F.I.R. 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, 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 the learned C.J.M. West Champaran at Bettiah, in connection with Yogapatti (Sanichari) P.S. Case No. 329 of 2017.

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