Md. Naushad @ Md. Naushad Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54275 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Md. Naushad @ Md. Naushad Ansari, Son of Late Hazi Islam, resident of Muhalla- Champanagar (Nathnagar), P.S.- Nathnagar, DistrictBhagalpur (Bihar). .... .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Maruya Daughter of Abdul Hafiz, resident of Muhalla- Champa Nagar Near- Chhoti- Maszid, P.S.- Nathnagar, District- Bhagalpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner seeks bail in a case instituted under Sections 323, 325, 149, 498(A), 120(B), 504, 506, 307/34 of the Indian Penal Code and 3/4 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 02.08.2017. 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.54275 of 2017 (2) dt.27-11-2017 2/2 been implicated in the present case. 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 and counsel for the O.P. No.2, it has been submitted that the petitioner is named in the F.I.R./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 learned A.C.J.M., Bhagalpur, in connection with Nathnagar P.S. Case No. 160 of 2017. (Sudhir Singh, J) Amit/- U T