Amir Raza Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48974 of 2018 Arising Out of PS. Case No.-107 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Amir Raza Khan S/o Md. Noorain Khan @ Noorain Khan, R/o village Karinga Musehri, P.S. Chapra Muffasil, P.O. Chapra, District Sarans ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vagisha Pragya Vacaknavi, Advocate For the State :

Mr. Dr.Mrityunjaya Kr.Gautam, APP For the Informant :

Mr. Binod Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 498A, 313, 311, 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. 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. On the earlier occasion the victim had also instituted case for similar offence against the petitioner and his family members. There is no medical examination report in

Patna High Court Cr.Misc. No.48974 of 2018(5) dt.17-12-2018 2/2 respect of offences under Sections 313 and 311 of the I.P.C. Rest of the offences are triable by the Magistrate. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/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., Chapra in connection with Muffasil P.S. case No.107 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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) Narendra/- U T