Md. Arfeen Alam @ Arfeen Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40309 of 2018 Arising Out of PS.Case No. -3585 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. MD. ARFEEN ALAM @ ARFEEN ALAM, Son of Md. Rafique Alam, Resident of Quli Pada Opposite Rais Tea Stall, P.S.- Town, District- Saheb Ganj, Jharkhand.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Afsan Nisha, W/o Md. Arfeen Alam, D/o Md. Hafeez residing at Alam House, Daryapur Koeri Tola, P.S. Pirbahore, Dist.- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case, initially registered under Sections 323, 341, 307, 406, 420 and 498A of the Indian Penal Code and 4 of Dowry Prohibition Act but cognizance has been taken under Section-498A of the Indian Penal Code and 4 of D.P. Act only.

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 has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.40309 of 2018 (2) dt.09-07-2018 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 O.P. No. 2, 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 learned Sub Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 3585(C) 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