Patna High CourtCR. MISC./29319/2017bail granted

Lal Mohammad @ Lal Mohammad Safi v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.29319 of 2017 (3) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29319 of 2017 Arising Out of PS.Case No. -3 Year- 2016 Thana -PIPRA District- SUPAUL ======================================================

1. Lal Mohammad @ Lal Mohammad Safi Son of Habib Safi @ Md. Habid Safi resident of Village - Thadhi Bhagwanpur, Police Station - Pipra, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Gafoor Safi Son of Late Md. Mushraf Safi resident of village - Bhawanipur South, Police Station - Pratapganj, District - Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Sections 498(A), 323, 365/34of the Indian Penal Code and 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 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The

Patna High Court Cr.Misc. No.29319 of 2017 (3) dt.15-09-2017 victim has been examined under Section 164 Cr.P.C. where she has not supported the allegations made in the FIR.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

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 Pipra P.S. Case No. 03 of 2016, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T