Md. Salim @ Pappu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50959 of 2017 Arising Out of PS.Case No. -2165 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Salim @ Pappu, son of Md. Alauddin, Resident of village - Manikpur, Police Station - Araria, District - Araria.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Mahinagar, wife of Md. Salim, daughter of Md. Sadakat, resident of village - Ramrayee, P.O. Duba, Police Station - Jokihat, District - Araria.

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

For the Petitioner : Mr. Anamul Haque, Advocate. For the State : Smt. Sahin Begam, A.P.P. For the O.P. No. 2 : Md. Ziaul Quamar and Md. Manzu Karim, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. Vide order dated 30.11.2017, the matter was referred to the Patna High Court, Mediation & Conciliation Centre. As per the report of the Mediator, mediation has failed. The opposite party no. 2 declined to reside with the petitioner. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.50959 of 2017 (5) dt.22-03-2018 2/2 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 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 counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Araria, in connection with Complaint Case No. 2165 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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