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Patna High CourtCR. MISC./48350/2019dismissed

Md. Farooque Alam @ Farooque Ahmad @ Farukh Ahmed v. The State Of Bihar

2019-08-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48350 of 2019 Arising Out of PS. Case No.-410 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

MD. FAROOQUE ALAM @ FAROOQUE AHMAD @ FARUKH AHMED Son of Md. Nurain @ Nurain Resident of Village- Doma Hatha, Police station- Hathua, District- Gopalganj. At present Resident of Bankra, Dakshin, Nayabaz, Police Station- Domjur, District- Howrah (W.B.). 2.

Md. Junaid Alaim @ Junaid Alam Son of Nurain @ Md. Nurain Resident of Village- Doma Hatha, Police station- Hathua, District- Gopalganj. At present Resident of Bankra, Dakshin, Nayabaz, Police Station- Domjur, DistrictHowrah (W.B.). 3.

Wasiul Haque @ Osiul Haque Son of Md. sagir Resident of Village/AtFulwari Sharif, Azad Nagar, Police Station- Fulwari Sharif, District- Patna. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Siwan Mufassil (Dhanauti O.P.) P.S. Case No. 410 of 2017 registered for the offences punishable under Sections 323, 324, 325, 383, 504, 506, 494, 406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

FIR has been registered on the basis of complaint petition. As per complaint petition marriage of the complainant/informant was solemnized with Md. Imran and petitioners are her in-laws. Allegation against them is that they started pressurising her for execution of sale deed and they ousted her from the house.

Patna High Court CR. MISC. No.48350 of 2019(2) dt.05-08-2019 2/2 Submission of learned counsel for the petitioners is that they have falsely been implicated and earlier also a case under Section 498A IPC has been filed against them in which they have been granted anticipatory bail and thereafter the present case has been filed.

Heard learned APP and perused the impugned order, from which it appears that earlier they have been granted anticipatory bail on surrender within four weeks but they have not availed the opportunity and later on filed another bail application after one year before learned Sessions Judge, Siwan, which has been dismissed by the impugned order dated 28.9.2018 and after delay of almost 10 months the present application has been filed. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. They may surrender and pray for regular bail, which shall be considered on its own merit and also considering the submission made above and, if possible, to be disposed of on the same day. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U T