Patna High CourtCR. MISC./44825/2017bail granted

Mushafir Ansary @ Mosafir v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44825 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mushafir Ansary @ Mosafir S/o Kabaddin Mian, Resident of VillageGaneshpur, P.S.- Gopalpur, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Shahnaz Khatoon W/o Mosafir Ansari, D/o Noorddin Ansari, Resident of Village- Ganeshpur, P.S.- Gopalpur, District- West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case instituted under Sections 498(A), 494, 307, 313 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.05.2017. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to

Patna High Court Cr.Misc. No.44825 of 2017 (2) dt.15-09-2017 2/2 petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the state and counsel for the informant, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran, in connection with Gopalpur P.S. Case No.84 of 2017.

(Sudhir Singh, J) Amit/- U T