Nabil Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45869 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nabil Ahmad, Son of Jainuddin, Resident of Village- Kuawa, Police Station- Chakia, District- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Tahrum Khatoon, Wife of Nabil Ahmad, Resident of Village- Kuawa, Police Station- Chakia, District- East Champaran (Motihari). .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Lokesh Kumar Singh, Advocate. For the State : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chakia P.S. Case No. 111/2017 for the offences instituted under Sections 341, 323, 498(A)/34 of the IPC and 3⁄4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.45869 of 2017 (2) dt.19-09-2017 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. He 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. It has been submitted by learned counsel for the State that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Chakia P.S. Case No. 111/2017 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 13, East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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