Md. Shah Nawaz @ Md. Shah Nawaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29696 of 2018 Arising Out of PS.Case No. -27 Year- 2017 Thana -MAHILA P.S. District- SAHARSA ====================================================== Md. Shah Nawaz @ Md. Shah Nawaz Alam, S/o Md. Manowar @ Md. Manowar Alam, R/o Vill.- Sarbela, P.S.- Salkhua, District- Saharsa. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Veena Kumari Jaiswal, Advocate. For the State : Smt. Asha Devi, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.11.2017 in a case for the offence registered under Sections 323, 498(A) and 379/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The victim and

Patna High Court Cr.Misc. No.29696 of 2018 (2) dt.15-05-2018 2/2 her family members are in habit of instituting cases for similar nature against the petitioner and his family members. The case is triable by the Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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 the learned C.J.M., Saharsa, in connection with Saharsa Mahila P.S. Case No. 27 of 2017. U.K./- (Sudhir Singh, J) U T