Patna High CourtCR. MISC./54124/2016bail granted

Md. Akil v. State Of Bihar And ANR

2018-01-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54124 of 2016 Arising Out of PS. Case No.-751 Year-2012 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Md. Akil, Son of Late Shahid Alam, Resident of village - Sukhandighi, Police Station - Gabandanga, District - Kishanganj ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sharmili Begum, Wife of Md. Akil, Resident of village - Sukhandighi, Police Station - Gabandanga, District - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the State :

Mr. AHTASH ALI KHAN, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 323/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. The matter was referred to the Mediation Centre, Patna High Court vide order dated 29.11.2017. As per the report of the Mediator, the mediation has failed.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.54124 of 2016(11) dt.04-01-2018 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty 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 State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case.

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 Sri Firoz Akram, Judicial Magistrate, 1st class, Kishanganj in connection with Complaint case No.751C of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T