Nooralam Mian @ Noor Alam Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27810 of 2020 Arising Out of PS. Case No.-96 Year-2019 Thana- GAUNAHA District- West Champaran ====================================================== NOORALAM MIAN @ NOOR ALAM MIAN, 40 Y/M, Ali Hassan Mian Resident of Village - Pakari Bishauli, P.S. - Gaunaha, District - West Champaran.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Bachchi Khatoon, Wife of Nooralam Mian @ Noor Alam Mian and daughter of Anwar Mian, Resident of Village - Pakari Bishauli, P.S. - Gaunaha, District - West Champaran, At Present, resident of Village - Ghorpakadi, P.S. - Inarwa, District - West Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Umesh Chandra Verma For the State :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2020 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 after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 342, 323, 504 and

Patna High Court CR. MISC. No.27810 of 2020(2) dt.27-11-2020 2/3 498(A)/34 of the I.P.C.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.27810 of 2020(2) dt.27-11-2020 3/3 the learned S.D.J.M. Bettiah, West Champaran, in connection with Gaunaha P.S. Case No. 96 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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. The informant will be at liberty to make an application before the concerned Family Court for the purpose of maintenance, if so advised.

(Sudhir Singh, J) U.K./- U T