Md. Akbar Malik @ Imam @ Md. Akbar Imam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27282 of 2017 Arising Out of PS. Case No.-208 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Md. Akbar Malik @ Imam @ Md. Akbar Imam, S/o Late Afjal Imam, resident of near at Chik Toli Chaurahe Ke Maszid, K.B. Road, P.S. Chauk, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rehana Khatun, W/o Akbar Imam (wrongly given), actual wife of Kamaluddin, resident of Harnaha, P.S. Chauk, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tilak Sao, Advocate For the Opposite Party/s :

SMT PUSHPA SINHA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 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 Section 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

Patna High Court Cr.Misc. No.27282 of 2017(4) dt.19-09-2017 2/2 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case.

Considering the facts and circumstances, the provisional anticipatory bail granted to the petitioner by order dated 01.07.2017 in connection with Complaint case No.208 of 2015 pending in the court of A.C.J.M. V, Patna City, is hereby confirmed.

(Sudhir Singh, J) Narendra/- U T