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Patna High CourtCR. MISC./40403/2019bail granted

Belal Ansari @ Md. Belal Ansari v. The State Of Bihar

2019-07-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40403 of 2019 Arising Out of PS. Case No.-89 Year-2018 Thana- SUIYA District- Banka ====================================================== BELAL ANSARI @ MD. BELAL ANSARI (Male), aged about 35 years, Son of Late Ainul Ansari, Resident of Village - Hathiyapathar, P.S.- Suiya, District- Banka.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Gudiya Bibi, Wife of Belal Ansari, D/o- Subhani Ansari Resident of Village - Saspur Upardih, P.S.- Santuri, District- Purulia (West Bengal). ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Md. Najmul Hodda, Advocate.

For the State :

Mr.Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 24.03.2019 in a case for the offence registered under Sections 342, 323, 504, 506, 498(A) and 494/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court CR. MISC. No.40403 of 2019(2) dt.02-07-2019 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Banka, in connection with Suiya P.S. Case No. 89 of 2018. (Sudhir Singh, J) U.K./- U T