Manzoor Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12606 of 2018 Arising Out of PS.Case No. -372 Year- 2017 Thana -KODHA District- KATIHAR ====================================================== Manzoor Alam, S/o Azad Ali @ Md. Azad, R/o Village- Ahimachak Charkhi, P.S.- Korha, District- Katihar.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Marjina Khatoon, W/o Manzoor Alam, D/o Md. Rafique, R/o Mobaiya Bishanpur, P.S.- Korha, District- Katihar.

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

For the Petitioner : Mr. Bidhan Chandra Jha and Mr. Bal Krishna Mishra, Advocates.

For the State : Mr. Binod Kumar, A.P.P. For the O.P. No. 2 : Mr. Sanjeev Kr. Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 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 Sections 323, 498(A), 307 of the IPC and 3 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.12606 of 2018 (5) dt.19-07-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examination report in respect of offence under Section 307 of the I.P.C. Rests of the offences are triable by the Magistrate. 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 C.J.M., Katihar, in connection with Korha P.S. Case No. 372 of 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