Rustam Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24924 of 2020 Arising Out of PS. Case No.-357 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RUSTAM ALI S/O Jahrullah Dewan Resident of Village - Bilashpur, P.S. - Ramgarhwa, Dist. - East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ruksana Khatoon W/O Rustam Ali, D/O MD. Alam Resident of Village - Bilashpur, P.S. - Ramgarhwa, Dist. - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2020 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 defects, as pointed out by the Office, within a period of four weeks from the date of 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 Sections 323, 341 and 498-A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Patna High Court CR. MISC. No.24924 of 2020(2) dt.14-10-2020 2/3 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 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, 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 learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Tr. No. 3190/2019 arising out of Complaint Case No. C-357/2019,

Patna High Court CR. MISC. No.24924 of 2020(2) dt.14-10-2020 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T