Md. Jahangir @ Jahangir v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21236 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Md. Jahangir @ Jahangir S/o Md. Abdul Razzaque @ Bhushan, Resident of Village- Kewatgama, P.S. Kumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Samida Khatoon, D/o Makbul Mian, W/o Md. Jahagir @ Jahagir, present resident of Village- Piparpatta, P.S. Madhepura, DistrictMadhepura, Permanent resident of Village- Kewatgama, P.S.- Kumarkhand, District- Madhepura.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 379, 498A, 504 and 506/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted and tortured the complainant in different manner for non-fulfilment of additional dowry and drove out the complainant along with her children from the house after snatching her gold and silver ornaments.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.21236 of 2017 (2) dt.22-05-2017 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. After 18 years of marriage the present case has been instituted against the petitioner. The petitioner has further relied upon the decision of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari vs. The State of Bihar reported in 2006(3) PLJR 182.

On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Madhepura in connection with Complaint case No.35 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T