Md. Raisuddin @ Raisuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38681 of 2018 Arising Out of PS. Case No.-1485 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Raisuddin @ Raisuddin Son of Md. Mojibur Rahman Resident of Village - Seiz Tola, Police Station Balia Belone, District Katihar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Nuzhar wife of Md. Shamim and daughter of Late Gulam Rabbani Resident of Village - Khendabari, Police Station - Balia Belone, At present resident of Village - Rangapokhar, Police Station - Azamnagar, District - Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abdul Wadood For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A and 354 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 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is nandoshi of the complainant. He has falsely been implicated in the present case due to petty

Patna High Court Cr.Misc. No.38681 of 2018(4) dt.31-07-2018 2/2 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 parties, it has been submitted that the matter has already been settled. An affidavit has also been filed in this regard stating the said fact.

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., Katihar in connection with Complaint Case No. 1485 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T