Patna High CourtCR. MISC./19520/2017bail granted

Md. Manjar Alam v. State Of Bihar And ANR

2017-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19520 of 2017 Arising Out of PS.Case No. -1930 Year- 2014 Thana -COMPLAINT CASE District- JAMUI ====================================================== Md. Manjar Alam son of Late Jainul Aawdin, R/o vill-Khalasi Mohalla, P.S. Jhajha, Dist.- Jamui .... .... Petitioner/s

Versus

1. State of Bihar

2. Meena Khatoon wife of Md. Manjar Alam daughter of Md. Asgar Ali, R/o vill-Khalasi Mohalla, P.S. Jhajha, Dist.- Jamui .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner, learned counsel for the Opposite Party No.2 and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest for the offence instituted under Sections 498A, 323 of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

Vide order dated 01.08.2017, the matter was referred to the Mediation and Reconciliation Centre, Patna High Court, Patna but as per report of the Mediator, the mediation has failed. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.19520 of 2017 (5) dt.12-10-2017 2/2 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. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and counsel for the Opposite Party No.2, it has been submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.1930C of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T