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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2873 of 2018 Arising Out of PS.Case No. -691 Year- 2016 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Md. Faiyaz Alam @ Md. Faiyaz S/o Md. Navijan , R/o Village- Farha, P.S.- Akbarpur, District- Nawada.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kahakasha Parveen W/o Md. Faiyaz Alam @ Md. Faiyaz D/o Md. Azeemuddin, R/o Village- Roh, P.S.- Roh, Distt.- Nawada at present Village- Farha, P.S.- Akbarpur, District- Nawada. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Sections 323, 498(A), 406, 307, 379 of the Indian Penal Code but cognizance has been taken under Section 498(A) of Indian Penal Code and 4 of D.P. Act.

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. There is no allegation of

Patna High Court Cr.Misc. No.2873 of 2018 (2) dt.17-01-2018 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by 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.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.691/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U