Md. Sahzad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25576 of 2023 Arising Out of PS. Case No.-2154 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Md. Sahzad Khan Son Of Late Jamshed Khan R/O Village - Virpur Tola (Murautpur), P.S. - Desari, Dist. - Vaishali. Present R/O - M/S Enclave Banmarh N.H. 2 Bypass, Nera Maruti Showroom, P.S. - Maithan, Distt. - Dhanbad, State - Jharkhand ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Shafauat Masood W/O Sahzad Khan Residing At Shafquat Masood D/O Masood Azam Khan R/O In Front Of Pathar Masjid, Sultanganj, Mahendal, Nishat Building, 2nd Floor, Patna - 800006, Mobile No. 9304670940 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Apurv Harsh, Advocate Mr. Manu Tripurari, Advoate For the Informant :

Mr. Arshad Jameel Hashmi, Advocate Mr. Kamal Kishor Singh, Advoate For the State :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant/O.P. No. 2. The petitioner is apprehending his arrest in a case in which cognizance has been taken under Section 498A 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

Patna High Court CR. MISC. No.25576 of 2023(2) dt.24-06-2023 2/3 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 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 the 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 twelve 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 Court below/concerned Court in connection with Complaint Case No. 2154 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the Court below will be at liberty to cancel the bail bonds of the

Patna High Court CR. MISC. No.25576 of 2023(2) dt.24-06-2023 3/3 petitioner.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the Court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Pankaj/Nitin U T