Mumtaz Rain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18394 of 2020 Arising Out of PS. Case No.-813 Year-2013 Thana- SASARAM NAGAR District- Rohtas ====================================================== MUMTAZ RAIN Son of Late Kamruddin Rain Resident of Mohalla - Sahjuma, P.O. and P.S.- Sasaram (T), District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhouri Vipin Bihari Shrivastava For the State :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2020 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 seeks bail in a case registered under Sections 498A 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-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 is in custody since 14-11-2019. Charge sheet in this case has already been submitted. The petitioner has falsely been implicated
Patna High Court CR. MISC. No.18394 of 2020(2) dt.18-05-2020 2/2 in the present case due to petty family dispute. A matrimonial case bearing No. 226 of 2013 is also pending before the Principal Judge, Family Court, Rohtas. The petitioner undertakes that he will cooperate during trial. The 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 Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram (T) P.S. Case No. 813 of 2013. 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 four weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T