Patna High CourtCR. MISC./43870/2018bail granted

Nasabulain Mian v. State Of Bihar And ANR

2018-07-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43870 of 2018 Arising Out of PS.Case No. -116 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nasabulain Mian, Son of Late Jauban Mian, Resident of VillageBawariya, Police Station- Paharpur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nashida Khatoon, Wife of Nasbullain Mian, Resident of VillageBawariya, Police Station- Paharpur, District- East Champaran. Presently residing as daughter of Ali Mahamad Hussain, of Village- Bhopatpur Bishunpur, Police Station (Bhopatpur) Kotwa, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-323, 498A, 504 & 506 of the Indian Penal Code. 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 is in custody since 07-05-2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The

Patna High Court Cr.Misc. No.43870 of 2018 (2) dt.20-07-2018 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 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P.S. Case No. 116 of 2016.

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