Md. Aslam @ Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79526 of 2018 Arising Out of PS. Case No.-600 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== Md. Aslam @ Aslam, S/o Noor Alam, R/vill-Debiganj, P.S-Narpatganj, Distt.- Aria. At present- village-Khaira Garhiya,Ward No.13, P.S-Narpatganj, Distt.- Araria.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anil Prasad Singh, Advocate.

For the Opposite Party :

Mr. Ramchandra Sahani, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 379, 493 and 504/34 of the IPC.

The prosecution story, in brief, is that the husband of the informant died five years ago and she has a son aged about 8 years. She was doing work of sewing. In the meantime, a person who was claiming his name as Raja Singh came to her sewing shop and told her that he is working in Gowahati and he loves her and wants to solemnize marriage with her and fraudulently solemnized marriage with her and started living with the informant. It is further alleged that he fled away after taking her

Patna High Court Cr.Misc. No.79526 of 2018(2) dt.04-02-2019 2/3 cash of Rs. 80,000/- and ornaments worth of Rs. 30,000/- and his real name was Md. Aslam (petitioner). The informant went to the house of the petitioner where his mother assaulted her and drove her away of their house.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Both parties are neighbours and due to certain petty dispute, the present case has been instituted. Offences are triable by the Magistrate.

On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned C.J.M. Araria, in connection with Narpatganj P.S. Case No. 600 of 2018, subject to the conditions as laid down under Section 438(2) of

Patna High Court Cr.Misc. No.79526 of 2018(2) dt.04-02-2019 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T