Patna High CourtCR. MISC./55728/2017bail granted

Md. Javed Akhtar v. State Of Bihar And ANR

2017-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55728 of 2017 Arising Out of PS. Case No.-1428 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Md. Javed Akhtar S/o Late Haseebuddin, resident of Moh. Baradari, P.S. Bihar, District Nalanda ... ... Petitioner/s

Versus

1. State Of Bihar

2. Neha Praveen w/o Md. Javed Akhtar and D/o Md. Jamaluddin, resident of Moh. Gauragarh, P.S. Biharsharif, District Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prasad Singh For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted under Sections 307, 323, 341, 379, 498A, 453(B/34 of the Indian Penal Code, but cognizance has been taken under Section 498A of the I.P.C. 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 is in custody 13.09.2017 and 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.

Patna High Court Cr.Misc. No.55728 of 2017(2) dt.23-11-2017 2/2 Cognizance has been taken under Section 498A of the I.P.C. only. 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.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Complaint case No.1428C of 2015.

(Sudhir Singh, J) Narendra/- U T