Md. Jahiruddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51791 of 2017 Arising Out of PS.Case No. -1198 Year- 2009 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Md. Jahiruddin, Son of Md. Kalamuddin, Resident of Village-Aurai, Police Station-Sanjhauli, District-Rohtas at Sasaram. .... .... Petitioner

Versus

1. The State of Bihar

2. Raunak Afroz Wife of Md. Jahiruddin, Daughter of Md. Sarfuddin Ansari, Resident of Village-Chaugai, Police Station-Murar, DistrictBuxar. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Raghunandan Kumar Singh, Advocate. For the State : Mr. Parmanand Prasad, A.P.P. For the O.P. No. 2 : Mr. Kumar Vishoka Nand, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 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 nonfulfillment 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

Patna High Court Cr.Misc. No.51791 of 2017 (3) dt.08-01-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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 C.J.M., Buxar, in connection with Complaint Case No. 1198 of (C) of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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