Shamsher Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54218 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== SHAMSHER ALAM Son of Late Nizamuddin Resident at Mohalla Quarter No. 15 Station Colony Bakhityarpur, P.S.- Bakhtiyarpur, Distt. Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Roksana Praveen Daughter of Abul Rahim R/o Village Patalgali Ekangarsarai, P.S. Ekangarsarai, Distt. Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner was granted anticipatory provisional bail vide order dated 28.08.2019.

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

Patna High Court CR. MISC. No.54218 of 2019(8) dt.12-06-2020 2/2 the petitioner 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 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner vide order dated 28.08.2019 is, hereby, confirmed in connection with Ekangarsarai P.S. case No.96 of 2019 pending in the court of A.C.J.M., Hilsa (Nalanda).

(Sudhir Singh, J) Narendra/- U T