Patna High CourtCR. MISC./42643/2017bail granted

Sabir Alam v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42643 of 2017 Arising Out of PS.Case No. -700 Year- 2014 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Sabir Alam son of Late Maiuddin, Resident of Village- Balu Basti, Maiyarpur, P.S. Kochadhaman, District- Kishanganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Muzmeri Begum, wife of Sabir Alam, Resident of Village- Murmala, P.S Bahadurganj, District- Kishanganj.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.C700 of 2014 for the offence instituted under Sections 498Aof the Indian Penal Code.

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 falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The case is triable by the Magistrate. Due to petty

Patna High Court Cr.Misc. No.42643 of 2017 (2) dt.15-09-2017 2/2 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.C700 of 2014 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., Kishanganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T