Patna High CourtCR. MISC./72773/2018bail granted

Md. Naushad And ORS v. The State Of Bihar

2018-12-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72773 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- MORKAHI District- Khagaria ======================================================

1. Md. Naushad, S/o Late Md. Hafiz,

2. Nagma Khatoon, Nagma Praveen wife of Md. Naushad,

3. Md. Asar S/o Md. Naushad &

4. Nazma Khatoon, D/o Md. Naushad, All residents of village-Marar South, P.S. Morkahi, District-Khagaria. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The case is triable by

Patna High Court Cr.Misc. No.72773 of 2018(2) dt.06-12-2018 2/2 the Magistrate. The petitioners have 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 petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria in connection with Morkahi P.S. Case No. 101 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T