Md. Shahwaj @ Shahnawaj Alam @ Munna v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61586 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Md. Shahwaj @ Shahnawaj Alam @ Munna S/o Md. Manjor Alam, R/o Village- Ekraha, Ward no. 3, P.S.- Shankarpur, Distt.- Madhepura. .... .... Petitioner

Versus

1. The State of Bihar.

2. Roji Pravin W/o Md. Sahwaj @ Sahnawaj Alam @ Munna, At present R/o Village- Lataun Mission, P.S.- Triveniganj, District- Supaul. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 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 Section 498(A), 448, 342, 323, 313, 504, 506/34 of the Indian Penal Code and 3⁄4 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 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is

Patna High Court Cr.Misc. No.61586 of 2017 (2) dt.19-12-2017 2/2 no injury report to support for committing an offence under Section 313 of the Indian Penal Code. 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 F.I.R.

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 Supaul Mahila P.S. Case No.120/2017 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T