Wasimuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71775 of 2018 Arising Out of PS. Case No.-537 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Wasimuddin, aged about 75 years, Son of Late Syed Janiuddin, Resident of 185A, P.C. Colony, P.S.- Kankarbagh, District-Patna. ... ... Petitioner

Versus

1. The State of Bihar.

2. Zeenat Kishwar, Wife of Wasimuddin, resident of House No. 186/A, P.C. Colony, Kankarbagh, Patna- 20.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rashid Izhar, Advocate.

For the State :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323, 506 and 347 of the IPC.

The prosecution story, in brief, is that the informant, namely, Jeenat Kishwar, has alleged that her husband i.e. petitioner has left her twenty five years ago and while leaving to her gave "Teen Talak". It is further alleged that the reason behind torture and assault to the informant by the petitioner is that her husband has forcibly took possession of the house of

Patna High Court Cr.Misc. No.71775 of 2018(3) dt.14-12-2018 2/3 her father in her name and the petitioner used to assault her for taking money after selling the said house.

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 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 A.C.J.M. Patna, in connection with Kankarbagh P.S. Case No. 537 of 2018, subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.71775 of 2018(3) dt.14-12-2018 3/3 438(2) of the Code of Criminal Procedure.

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