Patna High CourtCR. MISC./53049/2016allowed

Md. Moinuddin @ Moinuddin v. The State Of Bihar

2017-02-14Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.53049 of 2016 (3) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53049 of 2016 Arising Out of PS.Case No. -355 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Moinuddin @ Moinuddin, Son of Late Bholai Munshi, resident of Village- Bhuna, P.S.- Jokihat, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 04.11.2016 in connection with Jokihat (Mahalgawn) P.S. Case No. 353 of 2016 registered under Sections 341, 323, 354B, 498A, 504, 506 and 34 of the Indian Penal Code.

Accusation is of torture for non fulfillment of dowry demand.

Learned counsel for the petitioner has submitted that the petitioner is father-in-law of the informant and lives separately from his son and also he has no concern with the internal affairs of his son and the informant. There is general and omnibus allegation against this petitioner. Though there is allegation of assault and administration of poison to the informant against this petitioner in the F.I.R. but no

Patna High Court Cr.Misc. No.53049 of 2016 (3) dt.14-02-2017 medical report is available to support the entire allegation leveled by the prosecution, which itself falsify the entire allegation as alleged. Moreover, the petitioner is rotting in custody for the last three months. Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgawn) P.S. Case No. 355 of 2016. (Arvind Srivastava, J) brajesh/- U T