Dr. Md. Sanaullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26517 of 2020 Arising Out of PS. Case No.-198 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== DR. MD. SANAULLAH Son of Late Tabrak Hussain Resident of VillageKhorwa, P.S.- Dhaka, District- East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Neeraj Kumar Alias Sanidh For the State :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 406 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegedly, there was a negotiation of marriage between the
Patna High Court CR. MISC. No.26517 of 2020(2) dt.21-10-2020 2/3 petitioner and the son of the complainant. It is alleged that the complainant paid Rs. 4,25,000/- for the said purpose. It is further alleged that later on, the petitioner denied to perform marriage with the daughter of the complainant. The money already paid to the accused persons was not returned to the complainant.
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 been falsely implicated in the present case. There was no negotiation of marriage between the parties. Only with a view to blackmail the petitioner, the present case has been instituted.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahna, Dhaka, Motihari,
Patna High Court CR. MISC. No.26517 of 2020(2) dt.21-10-2020 3/3 East Champaran in connection with Complaint Case No. 198 of 2019, Tr. No. 3544 of 2019 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