Md. Nawed Alam @ Md. Nawed v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22186 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Nawed Alam @ Md. Nawed, Son of Late Zahir Hussain, resident of Village- Purwari Jhirwa, Police Station- Simraha, District- Araria. .... .... Petitioner

Versus

1. The State of Bihar.

2. Chaman Ara, Wife of Md. Nawed Alam & Nawed and Daughter of Md. Luck man resident of Village- Purwari Jhirwa Police Station Simraha District Araria, At present resident of Sarasi Ward No. 16, Police Station Sarasi, District- Purnia.

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

For the Petitioner/s : Mr. Awadhesh Kumar Mishra For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the O.P. No.2.

The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 313, 498A, 504/34 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.

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

Patna High Court Cr.Misc. No.22186 of 2017 (5) dt.09-11-2017 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. 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 the counsel for the O.P. No.2, it has been submitted that the petitioner is named in the F.I.R.

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 Forbesganj (Simraha) P.S. Case No.151 of 2017, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T