Hassan Raja @ Hasan Raja v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30534 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Hassan Raja @ Hasan Raja S/o - Nazrul Haque R/o Kushaha, P.S.- Azamnagar, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kashmeri Khatoon W/o- Hassan Raja, D/o late Md. Danish at Present R/o - Bishanpur, P.S. Barsoi, District- Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar Singh For the State : Mr. Nityanand Tiwary, APP For the Complainant : Mr. Jitendra Kr. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in a case registered under Sections 498A and 323 of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The informant is in habit of filing such cases. On the earlier occasion also a similar case was filed against the petitioner and his family members. The petitioner has falsely been

Patna High Court Cr.Misc. No.30534 of 2017 (2) dt.13-07-2017 2/2 implicated in the present case due to petty family dispute. The case is triable by the Magistrate. 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 State and learned counsel for the complainant, it is submitted that the petitioner is named in the complaint case.

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 Smt. Jay Shree Kumari, J.M. 1st class, Katihar in connection with Complaint case No. C.A. 29 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T