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Patna High CourtCR. MISC./23654/2018bail granted

Nazmuddin Ansari @ Nazamuddin Ansari v. State Of Bihar And ANR

2018-04-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23654 of 2018 Arising Out of PS. Case No.-524 Year-2016 Thana- TURKAULIYA District- East Champaran ====================================================== Nazmuddin Ansari @ Nazamuddin Ansari, S/o Jalil Ansari, resident of Village- Shekhauna Barharwa Tola, P.S.- Ghorasahan, District- East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Nazma Khatoon w/o Nazmuddin Ansari Presently residing in VillageChailaha Halt, P.S.- Banjaria, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh For the Opposite Party/s :

Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Sections 498A, 406, 323, 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-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.02.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.23654 of 2018(2) dt.23-04-2018 2/2 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 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Motihari in connection with Turkauliya (Banjaria) P.S. case No.524 of 2016. (Sudhir Singh, J) Narendra/- U T