Nadeem Ashraf @ Md. Nadeem Ashraf v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62686 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -MAHILA P.S. District- SARAN ======================================================

1. Nadeem Ashraf @ Md. Nadeem Ashraf, Son of Md. Nasim Ashraf, Resident of Village- Jitwarpur Chauth, Police Station- Samastipur in the district of Samastipur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Beby Nargis, Wife of Nadeem Ashraf @ Md. Nadeem Ashraf, Daughter of Reyaj Jafari, Resident of Village- Jitwarpur Chauth, Police StationSamastipur, in the district of Samastipur & Presently resident of Shekh Toli, P.S.- Bhagwan Bazar, District- Saran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 379, 498(A)/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

Patna High Court Cr.Misc. No.62686 of 2017 (2) dt.04-01-2018 2/2 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 and counsel for the O.P. No.2, 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 Mahila P.S. Case No.45 of 2017 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., Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T