Md. Jainuddin @ Md. Jamaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45297 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -KHAIRA District- SARAN ====================================================== Md. Jainuddin @ Md. Jamaluddin, Son of Md. Islamuddin, Resident of Village- Shahpur (Dor Chhapra), P.S.- Amnour, District- Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dewendra Narayan Singh, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. For the Informant : M/S. Ratneshwar Prasad, Nitu Kumari and Purshottam Kumar Singh, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is languishing in custody since 29.04.2018 in a case for the offence registered under Sections 312, 313, 315, 498(A)/34 of the IPC and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.45297 of 2018 (3) dt.18-08-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examination report in respect of offence under Sections 313 and 315 of the IPC. Rests of the offences are triable by the Magistrate. The petitioner has further 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 learned counsels for the State and informant, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let 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 the learned A.C.J.M.-Xth, Saran at Chapra, in connection with Khaira P.S. Case No. 73/2018. U.K./- (Sudhir Singh, J) U T