Warsul Azam @ Guddu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16490 of 2018 Arising Out of PS.Case No. -50 Year- 2017 Thana -MAHILA P.S District- - ======================================================

1. Warsul Azam @ Guddu son of Safiul Azam resident of Mohalla - Ansari Tola Ward No. 27, Police Station Bagaha, District - West Champaran at Bettiah.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rubi Praveen wife of Warsul Azam @ Guddu resident of Mohalla - Ansari Tola, Ward No. 27, Police Station - Bagaha, District - West Champaran at Bettiah.

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the informant : Mr. Aditya Nath Jha, Adv. For the State Sri Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing for opposite party No. 2 . The petitioner is apprehending his arrest in a case registered under Section-498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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 husband of the victim. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely

Patna High Court Cr.Misc. No.16490 of 2018 (2) dt.22-03-2018 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 Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, 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 Sri P. Akram, learned Judicial, Magistrate-Ist Class, Bagaha, West Champaran, Bettiah in connection with Mahila (Bagaha) P.S. Case No. 50 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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