Javed Ali @ Sarwar @ Md. Javed Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51539 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- BHAGWAN BAZAR District- Saran ====================================================== JAVED ALI @ SARWAR @ MD. JAVED ALI Son of Jafar Ali Resident of Village- Milki Mohalla- P.S.- Ara Town, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sagufta Pravin @ Roji Daughter of Ejaj Ahmad Resident of Village- Nai Bazar, P.S.- Bhagwan Bazar, District- Saran.

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

For the Petitioner :

Mr.Shiv Prasad Gupta, Advocate For the State :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Bhagwan Bazar P.S. case No.117 of 2021 registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.51539 of 2021(2) dt.22-10-2021 2/3 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. 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 State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. case No.117 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.51539 of 2021(2) dt.22-10-2021 3/3 reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T