Israrul Hoda @ Sito v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54409 of 2016 Arising Out of PS.Case No. -368 Year- 2016 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Israrul Hoda @ Sito Son of Nurul Hoda, Resident of Mohalla Kalibag Bettiah, Ward No. 12, P.S. Kalibag O.P., P.S. Bettiah, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Najia Pravin Daughter of Md. Mansur Khan, Wife of Israrul Hoda @ Sito Resident of Mohalla Kalibag Bettiah, Ward No. 12, P.S. Kalibag O.P., P.S. Bettiah, District - West Champaran.

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

For the Petitioner/s : Mr. Ashok Kumar Sinha No.-2, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Opposite Party No.2. The petitioner is apprehending his arrest in a case registered under Sections 498A/34 of the Indian Penal Code. The prosecution case, in brief, is that the informant's Nikah had taken place with the petitioner on 30.10.2013. After marriage the accused persons including the petitioner started pressing the informant to ask her parents to give Bolero and they also tortured her in various ways.

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.54409 of 2016 (3) dt.07-03-2017 2/2 petitioner has falsely been implicated in the present case. The allegation made in the F.I.R. is denied by him. It is further submitted that he is ready to keep the informant with him with all respect and dignity.

On behalf of the State and the learned counsel for the Opposite Party No.2, it is submitted that the petitioner is named in the F.I.R. It is further submitted by the counsel for the Opposite Party No.2 that the informant is not ready to stay with the petitioner.

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 learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. case No.368 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T