Mohd. Mubashshir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40944 of 2020 Arising Out of PS. Case No.-668 Year-2020 Thana- ARARIA District- Araria ====================================================== MOHD. MUBASHSHIR ALAM MD. MUSTAFA MOHALLA MILLAT NAGAR, WARD NO.01, BELWA, P.S. ARARIA, DISTRICT ARARIA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shaiqua Rahmani D/O Sajidur Rahman Village And Post Chandradai, District Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.
At the outset, learned counsel for the petitioner submits that inadvertently, in the address of O.P. No. 2 of cause title, "D/O" has been left to be typed.
The office is directed to rectify the cause title accordingly. The petitioner is apprehending his arrest in a case registered under Sections 498A, 341, 323, 484, 307, 504, 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-fulfillment 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 petitioner is husband of the victim. There is no injury
Patna High Court CR. MISC. No.40944 of 2020(3) dt.02-12-2021 2/2 report in support of offence under Section-307 of the Indian Penal Code. Rest of the offences are triable by the Magistrate. The 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, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 668 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
(Sudhir Singh, J) A.K.V.//- U T