Shahid Ali @ Shahil Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33045 of 2017 Arising Out of PS.Case No. -359 Year- 2017 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Shahid Ali @ Shahil Ali, S/o Mustak Ansari @ Mustak Ansari, resident of Mohalla- Idgah, P.S.- Dehri, District- Rohtas. .... .... Petitioner

Versus

1. The State of Bihar.

2. Nasima Khatoon, W/o Shahid Ali @ Shahil Ali, D/o Hasanuddin Ansari, resident of Village- Dhelabad, P.S.- Darihat, District- Rohtas. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.359 of 2017 for the offences instituted under Sections 498(A) and 323 of the Indian Penal Code. 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 has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The case is triable by

Patna High Court Cr.Misc. No.33045 of 2017 (2) dt.20-07-2017 2/2 the Magistrate. 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, it has been submitted that the petitioner is named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory 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 Complaint Case No.359 of 2017 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., Sasaram at Rohtas, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T