Md. Ajmal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18909 of 2017 Arising Out of PS. Case No.-52 Year-2016 Thana- MAHILA P.S. District- Purnia ====================================================== Md. Ajmal, Son of Md. Nayeem, Resident of Village Mathurapur, P.S. Baisi, District- Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Yasmin, Wife of Md. Ajaml Daughter of Md. Mohsin, Resident of Village Mahturapur, P.S. Baisi, District- Purnea.

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

For the Petitioner/s :

Mr. Ram Prawesh kumar, Advocate For the Opposite Party/s :

Mr. HARENDRA PRASAD, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 No one appears on behalf of the opposite party No.2. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 313, 420 and 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

By order dated 07.09.2017, the matter was referred to the Mediation Centre. As per the report of the Mediator, the mediation has failed.

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

Patna High Court Cr.Misc. No.18909 of 2017(5) dt.23-11-2017 2/2 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 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 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 Sub Divisional Judicial Magistrate, Purnea in connection with Mahila P.S. case No.52 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T