Patna High CourtCR. MISC./47071/2019bail granted

Zahidur Rahman v. The State Of Bihar

2019-07-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47071 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- GARBANDANGA District- Kishanganj ====================================================== Zahidur Rahman Son of Alaboddin Resident of Village - Fulgachhi, P.S.- Garbandanga, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 498A,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-fulfillment 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 is in custody since 25-05-2019. The petitioner has falsely been implicated in the present case due to petty family dispute. All the offences are triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

Patna High Court CR. MISC. No.47071 of 2019(2) dt.30-07-2019 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/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 learned Judicial Magistrate-Ist Class, Kishanganj in connection with Garbandanga P.S. Case No. 05 of 2019.

(Sudhir Singh, J) A.K.V.//- U T