Md. Nabi Ahmad @ Nabi Mohammad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57630 of 2017 Arising Out of PS. Case No.-1287 Year-2015 Thana- COMPLAINT CASE District- Supaul ====================================================== Md. Nabi Ahmad @ Nabi Mohammad, Son of Md. Soyab, resident of Village- Maheshpur, P.S. and District- Supaul. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Asmina Khatoon, Wife of Md. Nabi Ahmad @ Nabi Mohammad, Daughter of Md. Saifullha, resident of Village- Nemua, P.S. and District- Supaul. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Jha, Advocate For the Opposite Party/s :
Mr. HARENDRA PRASAD, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 341, 323, 379, 498A, 380, 504/34 498A of the Indian Penal Code and 3 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 petitioner has relied upon the judgment of this Court in the case
Patna High Court Cr.Misc. No.57630 of 2017(2) dt.08-12-2017 2/2 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.
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 Shri Jitendra Kumar, learned Judicial Magistrate, Supaul in connection with Complaint case No.1287C of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T