Md. Parvez Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43582 of 2017 Arising Out of PS. Case No.-32 Year-2017 Thana- SHASTRINAGAR District- Patna ====================================================== Md. Parvez Alam Son of late Abdul Manan Resident of Mohalla- Tamtam Parab, Police Station- Phulwari Sharif, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Yasmin Anjum Wife of Md. Parvez Alam, daughter of Naim Jaffar Resident of Mohalla- Adiv Colony, Ram Nagari More, Ashiyana Digha Road, Police Station- Shastri Nagar, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A/34, 323 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim 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 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

Patna High Court Cr.Misc. No.43582 of 2017(2) dt.15-09-2017 2/2 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 F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Kumar, Judicial Magistrate, 1st class, Patna in connection with Shastri Nagar P.S. case No.32 of 2017 (G.R. case No.443 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T