Md. Noor Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70832 of 2018 Arising Out of PS. Case No.-537 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Md. Noor Alam, Son of Gulam Kadir, Resident of Village- Khanpur, P.S.- Pirpainti, District- Bhagalpur.

... ... Petitioner

Versus

1. The State of Bihar.

2. Noor Jahan @ Guria, D/o Md. Sajjad, Wife of Noor Alam, Resident of G-2 Colony, Tetarpur P.S. Kahalgaon, District- Bhagalpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rajive Ranjan Singh, Advocate.

For the State :

Mr. Sir Pawan Kumar Chaurasiya, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 504, 506, 323, 307 of the IPC in which cognizance has been taken under Sections 323, 498(A)/34 of the IPC and 3⁄4 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

Patna High Court Cr.Misc. No.70832 of 2018(2) dt.29-11-2018 2/2 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 counsel for the State, 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. Bhagalpur, in connection with Bhagalpur Complaint Case No. 537 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T