Patna High CourtCR. MISC./29138/2017bail granted

Md. Naushad Ansari @ Naushad Ansari v. State Of Bihar And ANR

2017-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29138 of 2017 Arising Out of PS.Case No. -1889 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Md. Naushad Ansari @ Naushad Ansari Son of Md. Mumtaz Ansari @ Munna, resident of Mohalla- Purana Pul, Police Station- Sarnath, DistrictVaransi (U.P.)....................................................... .... Petitioner

Versus

1. The State of Bihar.

2. Rifat Parween daughter of Md. Azimullah Ansari, resident of VillageSahebganj Thana Road, Pratapatti, Police Station- Sahebganj, DistrictMuzaffarpur.............................................. .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ram Pravesh Nath Tiwari, Advocate. For the State : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 The matter was referred to the Mediation and Conciliation Centre, Muzaffarpur, vide order dated 06.09.2017 but the mediation failed as per the report of the Mediator. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Section 498A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.29138 of 2017 (4) dt.12-10-2017 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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 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 the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. West, Muzaffarpur, in connection with Complaint Case No. 1889/2014, Trial No. 3594/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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