Md. Sajjad @ Md. Sajjad Alam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50769 of 2017 Arising Out of PS.Case No. -840 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================
1. Md. Sajjad @ Md. Sajjad Alam Son of Late Md. Yasin @ Late Md. Asin, R/o Village- Semapur Nanhi Hazitol, P.S.- Barari, District- Katihar. .... .... Petitioner
Versus
1. The State of Bihar.
2. Guria Khatoon W/o Md. Sajjad Alam, R/o Village- Nanhi Hazi Tola, P.S.- Barari, District- Khagaria.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case instituted under Sections 323, 498(A), 506/34 of the Indian Penal Code and 3⁄4 of D.P. Act.
The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the 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. The case
Patna High Court Cr.Misc. No.50769 of 2017 (2) dt.10-11-2017 2/2 is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the State, it has been submitted that the petitioner is named in the Complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 840C of 2016, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T