Patna High CourtCR. MISC./54097/2017bail granted

Md. Mannan And ANR v. State Of Bihar And ANR

2017-11-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54097 of 2017 Arising Out of PS. Case No.-149 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ======================================================

1. Md. Mannan S/o late Abdul Kuddus

2. Anjum Ara w/o Md. Mannan, both resident of village Udaypur, P.O. Udaypur, P.S. Rosera, District Samastipur ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sabana Khatoon w/o Md. Nasir, D/o Md. Jamil Akhtar, resident of village Jalkaura, P.S. Gangaur, District Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the State :

Mr. RAM ANURAG SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 406 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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.54097 of 2017(2) dt.10-11-2017 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 S.D.J.M., Khagaria in connection with Complaint case No.149C 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