Md. Asgar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35275 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Md. Asgar S/o Md. Manzoor, R/o Village- Rampur, P.S.- Gogari, DistrictKhagaria. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shubhesh Pandey, Advocate. For the Opposite Party : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 12.02.2017 in connection with Gogari P.S. Case No. 71 of 2017 for the offences instituted under Sections 498(A) of the IPC and 3⁄4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.02.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.35275 of 2017 (2) dt.10-08-2017 2/2 got no criminal antecedent. The case is triable by the Magistrate. He has falsely been implicated in the present case due to petty family dispute. The petitioner has further relief 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 has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned S.D.J.M., Khagaria, in connection with Gogari P.S. Case No. 71/2017. U.K./- (Sudhir Singh, J) U T