Md. Khurshid @ Md. Khursid v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20193 of 2017 Arising Out of PS. Case No.-41 Year-2015 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Md. Khurshid @ Md. Khursid Son of Late Md. Nazir, Resident of MohallaGangjala, Ward No. 15, P.S.+ District- Saharsa. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sajda Khatoon, Wife of Md. Khurshid, D/o Md. Abbas, Resident of MohallaGangjala, Ward No. 15, P.S.+ District- Saharsa, Presently residing at VillageBhatkhora Tola, Sonbarsa, P.S.- Murliganj, District- Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Mishra, Adv.

For the State :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

In pursuance to the order dated 16.04.2018, a supplementary affidavit has been filed on behalf of the petitioner. A surrender certificate dated 2.5.2018 has been filed by way of Annexure-3 to the supplementary affidavit During the pendency of the present application,

Patna High Court Cr.Misc. No.20193 of 2017(11) dt.08-05-2018 2/2 provisional bail was granted to the petitioner and the matter was referred to the Mediation Centre. It has been reported that the mediation has failed.

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 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, it is 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 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhepura in connection with Complaint case No.41C of 2015. Narendra/- (Sudhir Singh, J) U T