Md. Alamgir v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.525 of 2017 Arising Out of PS.Case No. -270 Year- 2014 Thana -SURSAND District- SITAMARHI ====================================================== Md. Alamgir, son of Md Jahir, resident of Village - Chandpatti, Birpur Tola, P.S. Sursand, District - Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Nasra Khatoon, wife of Md. Alamgir and daughter of Abdul Gani, Presently residing at village - Chandpatti, Utarwari Tola, P.S. - Sursand, District - Sitamarhi.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate. For the State : Mr. Ramesh Chandra, A.P.P. For the informant : Mr. Virendra Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2017 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sursand P.S. Case No. 270 of 2014 for the offences instituted under Sections 498(A) of the IPC and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the informant was married with the petitioner according to the Muslim rites and customs. Thereafter the accused persons started demanding dowry and on non-fulfilment of the same, they assaulted the informant. They also stopped to give the meal to the informant and poured Kerosene Oil on her with intention to kill her. Anyhow, her life

Patna High Court Cr.Misc. No.525 of 2017 (3) dt.09-03-2017 2/3 could be saved. On 21.08.2014, the petitioner and others ousted the informant from the house after snatching her jewellery for non-fulfilment of dowry demand.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case.

It has jointly been submitted on behalf of learned counsels for the petitioner and the informant that they have mutually agreed to stay together. The petitioner undertakes to keep the informant with all due respect and dignity. Considering the fact that the petitioner and the informant have mutually agreed to stay together, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sursand P.S. Case No. 270/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri at Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The informant shall be present in the learned court below on the date of furnishing bail bond by the petitioner and the

Patna High Court Cr.Misc. No.525 of 2017 (3) dt.09-03-2017 3/3 petitioner shall be obliged to take the informant alongwith him with all due respect and dignity as per the submission made by him before this Court.

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