Md. Tufail Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26358 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Tufail Ahmad Son of Kyamuddin, Resident of Village- Lahladpur, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Raunak Jahan , W/o Md. Ajmal, Resident of Village- Lahladpur, P.S.- Madhuban, District- East Champaran.

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

For the Petitioner : Mr. Rajesh Ranjan, Advocate. For the State : Mr. Ram Bilash Roy Raman, A.P.P. For the O.P. No. 2 : Mr. Md. Musowir, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323, 376, 376(C), 420, 406 of the IPC and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry.

Patna High Court Cr.Misc. No.26358 of 2017 (4) dt.09-11-2017 2/3 Vide order dated 08.09.2017, the matter was referred to the Mediation and Reconciliation Centre of the Patna High Court. As per the report of the Mediator, mediation has failed. 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 due to petty family dispute. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

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 A.C.J.M. IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 46 of 2017, arising out of Complaint Case No. C-220/2017, subject to

Patna High Court Cr.Misc. No.26358 of 2017 (4) dt.09-11-2017 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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