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Patna High CourtCR. MISC./2333/2018bail granted

Mansoor Ali And ANR v. The State Of Bihar

2018-02-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2333 of 2018 Arising Out of PS. Case No.-315 Year-2017 Thana- KISHANGANJ District- Kishanganj ======================================================

1. Mansoor Ali, Son of Late Asgar Ali,

2. Fatima Khatoon, Wife of Mansoor Ali, Both Resident of Village- Chilmari P.S. + District- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Prawesh kumar For the Opposite Party/s :

Mr. AMITESH KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 498A, 364, 120B of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners are in custody since 15.10.2017 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Other co-accused have been

Patna High Court Cr.Misc. No.2333 of 2018(3) dt.06-02-2018 2/2 granted anticipatory bail vide Cr.Misc.No.63192 of 2017. The petitioners have 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 petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. case No.315 of 2017.

(Sudhir Singh, J) Narendra/- U T