Salauddin Mian @ Salaudin Mian @ Salamuddin Mian v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21491 of 2017 Arising Out of PS.Case No. -1232 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Salauddin Mian @ Salaudin Mian @ Salamuddin Mian S/o Shahid Mian Resident of Village- Deurwa, P.S. Bhairoganj, District West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rukhasana Khatoon D/o Nemullah Mian, W/o Salauddin Mian @ Salaudin Mian@ Salamuddin Mian Resident of Village- Salaha, P.S. Choutarwa, District- West Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1232 of 2013 (T.R. No. 3619 of 2015) for the offence instituted under Sections 498A of the Indian Penal Code.

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

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.21491 of 2017 (2) dt.23-05-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Counseling was made in the court below but the complainant had refused to stay with the petitioner. 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 State, 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. 1232 of 2013 (T.R. No. 3619 of 2015) on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bagaha at West Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T