Md. Amir Hussain @ Amir Hussain @ Babloo v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79509 of 2018 Arising Out of PS. Case No.-2369 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md. Amir Hussain @ Amir Hussain @ Babloo S/o Late Md. Chnd Hussain R/v-Vishanpur Hakimabad,P.S-Samastipur Muffasil,Distt.-Samastipur. ... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Ishrat Parveen, alleged W/o Md. Amir Hussain @ Babloo R/vill-Vishanpur Hakimabad,P.S-Samastipur Muffasil,Distt.-Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dheeraj Kumar Roy For the Opposite Party :

Mr. Vijay Bhushan Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of 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 due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.79509 of 2018(2) dt.01-02-2019 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and O.P. No. 2 , it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 learned Additional Chief Judicial Magistrate-IV, Samastipur in connection with C.R. No. 2369 of 2015, T.R. No. 276 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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