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Patna High CourtCR. MISC./68611/2018bail granted

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

2018-11-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68611 of 2018 Arising Out of PS. Case No.-2565 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Md. Kamrul @ Md. Kamrul Ansari @ Kamrul Ansari Son of Late Ali Hussain Ansari @ Late Hussain Ansari @ late Md. Alisen, Resident of VillageBakadh,P.S. Patepur,Distt.-Vaishali ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Nasreen Khatoon Wife of Md. Kamrul Resident of Village-Kaiju Bakadh,P.S. Patepur,Distt.-Vaishali,Naihari Address-D/o Md. Sakur,Village+P.O.- Bherokhara,P.S.Patepur,Distt.-Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Bela Singh For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A/34 of the Indian Penal Code and 4 of Dowry Prohibition Act.

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

Patna High Court Cr.Misc. No.68611 of 2018(2) dt.20-11-2018 2/2 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, 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 Sub Divisional Judicial Magistrate, Vaishali in connection with Trial No.3078 of 2018 arising out of Vaishali Complaint case No.2565 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T