Syed Md. Sarafraz Akhter @ Syed Md. Sarafraz v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28151 of 2017 Arising Out of PS.Case No. -3094 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Syed Md. Sarafraz Akhter @ Syed Md. Sarafraz, son of Syed Md. Hassan Akhtar, At present residing at Shakur Colony, Samanpur, Raja Bazar, P.S.- Shastri Nagar, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Noushin Sarwat, wife of Syed Md. Sarafraz Akhter @ Syed Md. Sarafraz, daughter of Abdul Wadood Resident of Makhdoom Rasti Nagar, P.S.- Phulwarisharif, District- Patna.

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

For the Petitioner/s : Mr. Md. Fahimuddin For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint case No. 3094(C)/2015 for the offence instituted under Section 498(A), 504/34 of the Indian Penal Code. 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

Patna High Court Cr.Misc. No.28151 of 2017 (2) dt.13-07-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. 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 complainant, 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. 3094(C)/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, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T