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Patna High CourtCR. MISC./41601/2017bail granted

Md. Tauhid Alam @ Tauhid Alam v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41601 of 2017 Arising Out of PS. Case No.-33 Year-2017 Thana- MAHILA PS District- Katihar ====================================================== Md. Tauhid Alam @ Tauhid Alam son of Shaukat Ali, Resident of VillageDighi Katihar, P.O. Belwa, Police Station- Mufassil, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nasera Khatoon daughter of Late Arshad Ali Resident of Village- Dighi Katihar, P.O. Belwa, Police Station- Mufassil Katihar, District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Rahmatullah, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 342, 354B, 498A, 504, 506, 147 of the Indian Penal Code.

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 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

Patna High Court Cr.Misc. No.41601 of 2017(2) dt.15-09-2017 2/2 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 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 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 S.D.J.M., Katihar in connection with Katihar Mahila P.S. case No.33 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T