Merajul Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37676 of 2017 Arising Out of PS.Case No. -1703 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== MERAJUL HAQUE Son of Badruddin Dewan, R/o Village- Hingalahar, P.S.- Sathi District- West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sabrun Nesha @ Sabrun Khatoon W/o Merazul Haque , R/o VillageHingalahar , P.S.- Sathi , District- West Champaran D/o Manir Dewan R/o Village- Nanvkar Motihari , P.S.- Shikarpur, District- West Champaran.

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

For the Petitioner : Mr. Gauri Shankar Thakur, Advocate. For the State : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsels for the petitioner, complainant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1703-C/2015 S.C. No. 1128/2016 for the offences instituted under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant 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 with the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.37676 of 2017 (2) dt.10-08-2017 2/2 falsely been implicated in the present case due to petty family dispute. The case is 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 learned counsels for the complainant and 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 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. 1703-C/2015 S.C. No. 1128/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T