Waliullah @ Md. Waliullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60090 of 2021 Arising Out of PS. Case No.-103 Year-2017 Thana- DHAKA District- East Champaran ====================================================== WALIULLAH @ MD. WALIULLAH, Male, aged about 35 years, S/o Md. Badiuzzama @ Md. Jasmuddin, Resident of Village- Jamua, P.S.- Dhaka, East Champaran.

... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Afsari Khatoon, W/o Waliullah Md. Waliullah, D/o Nejamuddin, Resident of Village- Jamua, P.S.- Dhaka, Dist- East Chamapran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sangeet Deokuliar, Advocate For the State :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Further learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 6 of the bail application, in course of the day.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Dhaka P.S. Case No. 103 of 2017/G.R. Case No. 379 of 2017 for the offence registered under Sections 498(A) of the I.P.C. and 3⁄4 of the D.P. Act.

Patna High Court CR. MISC. No.60090 of 2021(2) dt.22-11-2021 2/3 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 got no criminal antecedent. He has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. 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 of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sikarahana at Dhaka, Motihari, East

Patna High Court CR. MISC. No.60090 of 2021(2) dt.22-11-2021 3/3 Champaran, in connection with Dhaka P.S. Case No. 103 of 2017/G.R. Case No. 379 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) U.K./- U T