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Patna High CourtCR. MISC./51143/2018bail granted

Mr. Parwez Alam @ Md. Prawez Alam @ Prawez v. State Of Bihar And ANR

2018-08-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51143 of 2018 Arising Out of PS. Case No.-1802 Year-2013 Thana- COMPLAINT CASE District- Araria ====================================================== MR. PARWEZ ALAM @ MD. PRAWEZ ALAM @ PRAWEZ S/o Sainuddin, R/o Vill.- Gogra, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Nasrin W/o Parwaez Alam, D/o Late Sirman Ali, Present Address- Vill.- Sattbitta, P.S.- Jogbani, District- Araria.

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

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Mr. Sri Amrendra Prasad For the O.P. No. 2 :

Mr. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 2. The petitioner seeks bail in a case in which cognizance has been taken under section 498A 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 is in custody since 3.5.2018 and 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

Patna High Court Cr.Misc. No.51143 of 2018(2) dt.20-08-2018 2/2 dispute. The case is triable by the Magistrate. The 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/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Singh, Judicial Magistrate, 1st Class, Araria in connection with Araria Complaint Case No. 1802(C)/2013.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T