Md. Kurban v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44529 of 2017 Arising Out of PS. Case No.-218 Year-2017 Thana- AMARPUR District- Banka ====================================================== Md. Kurban Son of Md. Manish, R/o Village- Naya Tola, Sultanpur, Hasanpur, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bibi Sakina, W/o Md. Kurban, D/o Md. Irfan, R/o Village- Nayatola Sultanpur Hasanpur, P.S.- Amarpur, District- Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 337, 498A and 504/34 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 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. Earlier also a case was instituted for a similar offence. The petitioner has relied upon the judgment of this

Patna High Court Cr.Misc. No.44529 of 2017(2) dt.18-09-2017 2/2 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 and learned counsel for the opposite party No.2, 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 C.J.M., Banka in connection with Amarpur P.S. case No.218 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U