Md. Ezaz v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42314 of 2018 Arising Out of PS. Case No.-1764 Year-2013 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Md. Ezaz, Son of Md. Sainul Resident of Village- Godai Fulkahan, Out postPanapur Kariyat, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Shabnam Khatoon, daughter of Jainul Ansari, Resident of Village- Godai Fulkahan, Out post- Panapur Kariyat, P.S.- Kanti, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Singh For the Opposite Party/s :
Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 2. The petitioner seeks bail in a case instituted for the offences under Section 498(A) of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.
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 23.3.2018. There is no allegation of tampering of witnesses alleged against the petitioner. On the earlier occasion also, the victim and her
Patna High Court Cr.Misc. No.42314 of 2018(2) dt.17-07-2018 2/2 family members have instituted case for similar offence against the petitioner and his family members. The petitioner has falsely been implicated in the present case due to petty family dispute. 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/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 S.D.J.M., West, Muzaffarpur in connection with Trial No. 1784 of 2018 arising out of Complaint Case No. 1764 of 2013.
(Sudhir Singh, J) Pankaj/- U