Md.Shayak Alam @ Md. Shayaque Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51045 of 2017 Arising Out of PS.Case No. -2265 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md.shayak Alam @ Md. Shayaque Alam S/o Md. Hashim Resident of Village-Bagnagar P.S. Mahalgaon (Jokihat) District Araria .... .... Petitioner

Versus

1. The State of Bihar

2. Shahin Praveen, W/o Md. Shayaque Alam, D/o Sarfiuddin Resident of Azadnagar, Ward No. 20, Nagar Parishad, Araria P.S. & District Araria. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner is apprehending his arrest in a case instituted under Section 498A 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. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the

Patna High Court Cr.Misc. No.51045 of 2017 (3) dt.04-01-2018 2/2 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 and counsel for the O.P. No.2, 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 arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.2265C of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T