Md. Ghulam Firdus @ Md. Ghulam Firdaus @ Md. Ghulam Firdosh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62459 of 2017 Arising Out of PS. Case No.-511 Year-2014 Thana- MASAURHI District- Patna ====================================================== Md. Ghulam Firdus @ Md. Ghulam Firdaus @ Md. Ghulam Firdosh S/o Late Gulam Rabbani Resident of Mohalla - Mill Road, Bihta, P.S. Bihta, District - Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Nihakat Perween W/o - Md. Ghulam Firdus @ Md. Ghulam Firdaus, D/o - Sahwood Alam Resident of Mohalla - Rahmatganj, P.S. - Masaurhi, District - Patna.

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the State :

Mr. MD. ANZARUL HAQUE SAHARA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 406 and 498A 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.62459 of 2017(3) dt.05-01-2018 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, 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 S.D.J.M., Masaurhi at Patna in connection with Masaurhi P.S. case No.511 of 2014 arising out of Complaint case No.421 of 2014 (G.R. case No.1204 of 2014), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T