Patna High CourtCR. MISC./42819/2017bail granted

Subhan Ansari v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42819 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Subhan Ansari son of Maksood Ansari, Resident of Village- Majhauliya, Police Station- Majhauliya, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sayda Khatoon wife of Subhan Ansari, Resident of Village- Majhauliya, Police Station- Majhauliya, District- West Champaran, Presently residing as Daughter of Ali Hassan Ansari in Village- Ghiwadaar, Police StationHarsidhi, District- East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 341, 323, 379, 498A, 504/34 of the Indian Penal Code and 3⁄4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.07.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.42819 of 2017 (2) dt.15-09-2017 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari 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 C.J.M., Bettiah at West Champaran, in connection with Majhauliya case No.122 of 2017.

(Sudhir Singh, J) Amit/- U T