Md. Mustfa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28538 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Md. Mustfa S/o Id Mohammad, Resident of Village-Mathna Milk, P.S.- Goraul (Kathara OP), District-Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Allegation is that the accused persons including the petitioner tortured the informant and demanded Rs.1 lac as dowry and also ousted her from the house.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is the father-in-law of the victim. He is separate in mess and property from the husband of the victim. The petitioner has

Patna High Court Cr.Misc. No.28538 of 2017 (2) dt.01-07-2017 2/2 further relied upon the decision 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, it is submitted that the petitioner is named in the F.I.R.

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 learned Sub Divisional Judicial Magistrate, Hajipur, Vaishali in connection with Goraul (Kathara O.P.) P.S. case No.157 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T