Masood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65786 of 2019 Arising Out of PS. Case No.-1756 Year-2016 Thana- COMPLAINT CASE District- Araria ====================================================== MASOOD, aged 28 years (M), Son of Yaquoob, Resident of Village- Rupaili, P.S.- Raniganj, Dist.- Araria.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Bibi Nazarin, aged 19 years (F), Wife of Masood, Daughter of Mustaque Resident of Village- Rupaili, P.S.- Raniganj, Dist.- Araria. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Ramesh Kumar Singh, Advocate.

For the State :

Mr.Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Section 498(A) of the IPC.

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 is languishing in custody since 10.07.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the

Patna High Court CR. MISC. No.65786 of 2019(2) dt.16-10-2019 2/2 witnesses alleged against the petitioner. The petitioner is the husband of the victim. 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, 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 the learned S.D.J.M. Araria, in connection with Complaint Case No. 1756C of 2016. 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) U.K./- U T