Md. Raza Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29950 of 2018 Arising Out of PS. Case No.-856 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Md. Raza Khan S/o Md. Ayub @ Md. Ayub Maulvi, R/o Vill.- Bahadurpur, P.S.- Belaghat , District- Gorakhpur (U.P.) At present At Bagmusa (Bagdulhan), Moh.- Muslim, Mohalla- Ashiana Colony, P.S.- Nagar Hazipur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A/34 of the Indian Penal Code.

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 9.1.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Earlier also the father of the victim had instituted a case for offence under Section 366A of the I.P.C. The girl was examined under Section 164

Patna High Court Cr.Misc. No.29950 of 2018(2) dt.15-05-2018 2/2 Cr.P.C., where she stated that the victim was in love affair with the petitioner. It has further been submitted that it was only one side love affair of the victim with the petitioner. There was no marriage performed between the petitioner and the victim. Only with an intention to falsely implicate the petitioner, the victim has got the present case instituted against him and his family members. 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, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. case No.856 of 2017.

(Sudhir Singh, J) Narendra/- U T