Md. Mustakim Ansari @ Md. Mustakim v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63620 of 2017 Arising Out of PS. Case No.-175 Year-2016 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Mustakim Ansari @ Md. Mustakim son of Yasin Ansari, resident of village Marukiya, P.S. Andhrathardhi, District Madhubani ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Afsana Khatoon wife of Md. Mustakim Ansari @ Md. Mustakim, daughter of Md. Yanus, resident of Barhara, P.S. Babubarhi, District Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the State :

Mr. GAURI SHANKAR GUPTA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 406 of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of 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 due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.63620 of 2017(2) dt.05-01-2018 2/2 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 petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of Sri Vikash Jha, learned J.M. 1st class, Madhubani in connection with Complaint case No.165 of 2016 (C.I.S.)/ 175 of 2016 (C.R.), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T