Md. Mahtab Alam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31727 of 2018 Arising Out of PS. Case No.-207 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== Md. Mahtab Alam, S/o- Md. Obaidullah, Resident of Village- Shekhi Chakia, P.S.- Chakia, District- East Champaran presently residing at R/o VillageHardi, P.S. Kaithya, District- Muzaffarpur. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Farida Jahan, W/o- Md. Mahtab Alam, Resident of Village- Hardi, P.S Hardi, District- Muzaffarpur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha For the Opposite Party/s :
Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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.31727 of 2018(3) dt.20-06-2018 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 learned A.C.J.M.,XIII, Motihari, East Champaran in connection with Chakia P.S. Case No. 207 of 2017 G.R. No. 4652 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