Tajuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6819 of 2018 Arising Out of PS. Case No.-484 Year-2002 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Tajuddin, son of Imamuddin, resident of Mohalla Rahamkhan, P.S. Laheriasarai, District- Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Hazara Khatoon, wife of Ziyauddin, resident of Mohalla- Raham Khan, P.S. Laheriasarai, District Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammad Sufyan For the Opposite Party/s :

SMT. MEENA SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Petitioner is permitted to make necessary correction in paragraph 3 of the present application in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 323, 380, 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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 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

Patna High Court Cr.Misc. No.6819 of 2018(2) dt.06-02-2018 2/2 present case due to petty family dispute. The case is triable by the Magistrate. Other similarly situated co-accused have been granted anticipatory bail by this Court vide orders dated 24.3.2017 and 17.8.2017 passed in Cr. Misc. No. 13925 of 2017 and Cr. Misc. No. 35588 of 2017 respectively. The petitioner has 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, 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 learned A.C.J.M.-5th, Darbhanga, in connection with C.R. No. 484/2002, T.R. No. 945/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T