Samir Sah @Kalamu Sah @ Samir Shah @ Kalamu Shah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54427 of 2018 Arising Out of PS. Case No.-433 Year-2017 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ====================================================== Samir Sah @ Kalamu Sah @ Samir Shah @ Kalamu Shah, Son of Budhu Shah, Resident of Village- Chandaite, P.S.- Baburi, District- Chandauli (U.P.) ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rukhsana Khatoon @ Afshana Khatoon, Wife of Samir Sah @ Kalamu Sah @ Samir Shah @ Kalamu Shah, Daughter of Najabuddin Shah, Resident of Village- Chandaite, P.S.- Baburi, District- Chandauli, (U.P.). at present Address- Resident of Village- Kewan, P.S.- Chainpur, District- Kaimur AT bHABUA.

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

For the Petitioner/s :

Mr. Parwej Khan For the Opposite Party/s :

Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No. 2. The petitioner is apprehending his arrest in a case registered under Sections 323 and 498A of the Indian Penal Code. 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 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

Patna High Court Cr.Misc. No.54427 of 2018(2) dt.25-09-2018 2/2 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 learned A.C.J.M. -II, Kaimur at Bhabua in connection with Complaint Case No. 433 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T