Patna High CourtCR. MISC./48508/2017bail granted

Sarfaraj Ahmad v. State Of Bihar And ANR

2017-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48508 of 2017 Arising Out of PS.Case No. -3389 Year- 2005 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Sarfaraj Ahmad, Son of Late Ahmad Hussain, Resident of VillageGopali Chowk, P.S.- Ara Town, District- Bhojpur (Ara). .... .... Petitioner

Versus

1. The State of Bihar.

2. Nazma Khatoon @ Garima, Wife of Sarfaraj Ahmad, D/p Suren Kumar Kesari, Resident of Village- Gopali Chowk, P.S.- Town, District- Bhojpur (Ara). a/p C/o Sri Radha Krishna Singh, Resident Dumahla Gardaningh, P.S.- Gardanibagh, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 406, 498(A) 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 14.08.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.48508 of 2017 (2) dt.12-10-2017 2/2 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 Complaint Case.

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., Patna, in connection with Complaint case No.3389(C) of 2005. (Sudhir Singh, J) Amit/- U T