Patna High CourtCR. MISC./16722/2017bail granted

Md. Irshad Alam v. State Of Bihar And ANR

2017-09-21Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16722 of 2017 Arising Out of PS.Case No. -1025 Year- 2016 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Md. Irshad Alam Son of Md. Ali Hasan Ansari, Resident of Village-Khesari Chowk-Ghariyarichak, P.S. Mehsi, District East Champaran. .... .... Petitioner

Versus

1. The State of Bihar

2. Ishrat Jahan daughter of Md. Azimullah Ansari, Resident of VillageGhariyarichak, (West of Mehsi Bus-Stand), P.S. Mehsi, District East Champaran.

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

For the Petitioner : Mr. N.A. Samsi and Mr. Syed Ehteshamuddin, Advocates.

For the State : Mr. Binod Kumar 2, A.P.P. For the O.P. No. 2 : Mr. Md. Anis Akhtar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. The matter was referred to the Mediation Centre of Patna High Court Legal Services Committee, Patna, vide order

Patna High Court Cr.Misc. No.16722 of 2017 (4) dt.21-09-2017 2/3 dated 02.08.2017. As per the report of the Mediator, mediation has failed between the parties.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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 further 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 learned counsels for the State and opposite party 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, in the event of arrest or 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 the learned A.C.J.M.-6, Motihari (East Champaran), in connection with Complaint Case No. 1025C/2016, subject to the conditions as laid down under Section 438(2) of the

Patna High Court Cr.Misc. No.16722 of 2017 (4) dt.21-09-2017 3/3 Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T