Reyazuddin Khan @ Abdul Reyajuddin Khan @ Md Reyazuddin Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51320 of 2017 Arising Out of PS. Case No.-240 Year-2016 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Reyazuddin Khan @ Abdul Reyajuddin Khan @ Md Reyazuddin Khan S/o Abdul Aslam Khan, R/o Village- Kalibag Gaduwar Toli, Ward No.12, P.S.- Bettiah Town, District- West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sahana Khatoon W/o Reyazuddin Khan D/o Sarphuddin Khan, R/o VillageKalibag Gaduwar Toli, Ward No.12, P.S.- Bettiah Town, District- West Champaran and at present R/o Village + P.O.- Telpur, P.S.- Lauriya, DistrictWest Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Nityanand Tiwary, APP For opposite party No.2 :

Mr. Yogendra Tiwary, Advocate3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 504/34 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

Patna High Court Cr.Misc. No.51320 of 2017(3) dt.05-02-2018 2/2 petty family dispute. The case is triable by the Magistrate. The petitioner has 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 and learned counsel for the oppoiste party No.2, 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 learned S.D.J.M., Bettiah, West Champaran in connection with Tr. No. SC1135 of 2016, 3154 of 2017 arising out of Complaint case No.240C 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