Md. Nasir Ahmad @ Nesar Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31391 of 2019 Arising Out of PS. Case No.-112 Year-2012 Thana- MANIYARI District- Muzaffarpur ====================================================== MD. NASIR AHMAD @ NESAR AHMAD Son of Late Jubair Ahmad Resident of Village - Shekhopur, P.S.- Desari, Dist.- Vaishali, At Present R/o Mohalla- Mehdi Hassan Chowk Road No.4, Brahampura, P.S.- Brahampura, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sabiya Naz @ Chandani W/o Md. Nasir Ahmad, @ Nesar Ahmad, D/o Md. Ushman Resident of Village - Muradpur, P.S.- Maniyari, Dist.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Maniyari P.S. Case No. 112 of 2012, instituted for the offence under Section(s) 323, 498(A)/34 of Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

It is alleged in the written report that informant was tortured by the petitioner for non-fulfillment of demand of dowry.

Counsel for the petitioner submits that case was sent to Police Station under Section 156(3) Cr. P.C. He further submits that informant has herself performed second marriage

Patna High Court CR. MISC. No.31391 of 2019(2) dt.10-05-2019 2/2 with Md. Eftekhar, son of Md. Yashin Marhum, r/o village Muradpur, P.S. Maniyari, Distt. Muzaffarpur. In support of such marriage, the elected Mukhiya of Gram Panchayat Raj Chhitrauli Kurhani, Muzaffarpur, has given certificate which has been enclosed as Annexure-2.

Petitioner is in custody since 4.2.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate (West), Muzaffarpur, in connection with Maniyari P.S. Case No. 112 of 2012, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T