Md. Munam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27511 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Md. Munam S/o Md. Rafik, Resident of Village- Kahra, P.S. Saharsa, District- Saharsa.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Najrana Praveen, D/o Md. Irshad, Resident of Village- Majhol, P.S. Nauhatta, District- Saharsa.

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

For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Saharsa Mahila P.S. Case No. 17/2017, for the offences instituted under Section 498-A, 323, 354(B), 34 of the Indian Penal Code and Section 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

Patna High Court Cr.Misc. No.27511 of 2017 (2) dt.13-07-2017 2/2 petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner is brother-in-law of the victim. He is separate in mess and property from the husband of the victim. 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 and the counsel for the informant, it has been submitted that the petitioner is named in the F.I.R.

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 Saharsa Mahila P.S. Case No. 17/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Kumar, J.M. 1st Class, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T