Taufique Mian @ Md. Taufique v. The State Of Bihar

Patna High Court Cr.Misc. No.45233 of 2014 (3) dt.29-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45233 of 2014 Arising Out of PS.Case No. -145 Year- 2014 Thana -BASANTPUR District- SIWAN ====================================================== TAUFIQUE MIAN @ MD. TAUFIQUE, SON OF MANZOOR ALAM, RESIDENT OF VILLAGE- SHARIF, JALALPUR, P.S.- BASANTPUR, DISTRICT- SIWAN .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Meena Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Basantpur P.S. Case No. 145 of 2014 registered under Sections 498A, 323, 302 and 201 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The allegation of informant, Ishrat Jahan, is that her marriage was performed with Md. Raish before seven years and her husband performed remarriage before three years. Thereafter, she was being tortured by her husband and her husband used to ask her to demand land from her maternal uncle, Akthar Ali. Earlier, her husband also committed murder of her daughter, Fiza, and buried her dead body. Her husband always used to threat to

Patna High Court Cr.Misc. No.45233 of 2014 (3) dt.29-04-2015 kill her. Her husband has committed the said offence under the conspiracy of his family members.

Learned counsel for the petitioner submits that petitioner is the brother of the husband of the informant and has falsely been implicated in this case due to ulterior motive. It is further submitted that in course of investigation nothing has been collected by the police against this petitioner. Learned A.P.P. appearing on behalf of the State fairly submitted that on perusal of the case diary (from paragraphs 1 to 61), nothing has come against the petitioner showing involvement of the petitioner in the case.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Basantpur P.S. Case No. 145 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T