Janisar Akhtar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19880 of 2017 Arising Out of PS. Case No.-21 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== Janisar Akhtar Son of Md. Jainuddin Mian, Resident of Village- Suryapur, P.O. and P.S.- Piprakothi, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mobina Khatoon Wife of Janisar Akhtar D/o Abdul Mazid Mian, Resident of Village- Ramgarhwa Bazar, P.O. and P.S. Ramgarhwa, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the State :

Mr. Kumar Virendra Narayan, APP For the O.P. No.2 : Md. Anis Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Opposite Party No.2. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A, 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. 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 has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.19880 of 2017(4) dt.15-09-2017 2/2 petitioner has 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 State and learned counsel for the Opposite Party No.2, 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra Kothi P.S. case No.21 of 2017 (G.R. No.557 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T