Md. Nezam @ Md.Nazam v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.19894 of 2016 (3) dt.22-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19894 of 2016 Arising Out of PS.Case No. -242 Year- 2012 Thana -AKBARPUR District- NAWADA ====================================================== Md. Nezam @ Md. Nazam son of Md Gaffar, resident of Of MohallaMashandi Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shabnam Khatoon daughter of Md. Shahzad, Resident of village- Farha, Police Station- Akabarpur, District- Nawada.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323 and 498A of the Indian Penal Code. Allegation is that the accused persons including the petitioner have demanded dowry from the informant and due to non-fulfilment of dowry they tortured her.

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 the husband of the informant. It is further submitted that the petitioner is ready to deposit an amount of Rs.1000/- per

Patna High Court Cr.Misc. No.19894 of 2016 (3) dt.22-11-2016 month in the court below, which shall be released in favour of the informant.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.1000/- per month in the court below, which shall be released in favour of the informant and on doing so, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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, Nawada in connection with Akbarpur P.S. case No.242 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T