Patna High CourtCR. MISC./59713/2017bail granted

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

2017-12-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59713 of 2017 Arising Out of PS. Case No.-136 Year-2016 Thana- MADHEPURA COMPALINT CASE District- Madhepura ======================================================

1. Md. Munshi @ Md. Munshi Alam, S/o Late Banda Hussain,

2. Asgari Khatoon, Wife of Md. Munshi alias Md. Munshi Alam, Both residents of Village- Budhma, Ward No.9, Police StationMadhepura (Bharrahi), District- Madhepura. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rokshsar Khatoon, Wife of Md. Parvej Alam, Daughter of Md. Faiyaz Ansari, resident of Village- Bhelwa Tola Sakhua, Police Station- Madhepura, District- Madhupura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr. RAM PRIYA SARAN SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.59713 of 2017(2) dt.11-12-2017 2/2 petitioners have 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 State, it is submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate V, Madhepura in connection with Complaint case No.136 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T