Patna High CourtCR. MISC./36579/2017bail granted

Aslam Rai v. State Of Bihar And ANR

2017-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36579 of 2017 Arising Out of PS.Case No. -1898 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Aslam Rai Son of Late Kalu Rai, R/o Village- Bokantari, P.S.- Siktya, District- Araria.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Minnat Khatoon W/o Md. Aslam Rai D/o Bechan Rai, R/o VillageBalua, Kaliaganj, P.S.- Palasi, District- Araria. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1898C of 2015 for the offence instituted under Sections 323, 341, 498(A) of the Indian Penal Code. The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The case is triable by

Patna High Court Cr.Misc. No.36579 of 2017 (02) dt.10-08-2017 2/2 the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1898C of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T