Md. Shaukat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58052 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Md. Shaukat, S/o Late Md. Isha, resident of Village- Mirjapur, Police Station- Alinagar, District- Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Noor Jahan Begum Wife of Md. Shaukat and Daughter of Md. Islam, resident of Village- Mirjapur, P.S. Alinagar, District- Darbhanga. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 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 Sections 498(A), 379, 323, 494 of the Indian Penal Code and 4 of D.P. Act but cognizance has been taken under Sections 498(A) and 494 of the Indian Penal Code. 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.58052 of 2017 (2) dt.08-12-2017 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, it has been submitted that the petitioner is named in the Complaint Case.

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 C.R. No.83 of 2017, Tr. No.663 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., Benipur, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T