Md. Nasrul v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30607 of 2018 Arising Out of PS. Case No.-109 Year-2015 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Nasrul S/o Md. Neraj, R/o Vill.- Darah, P.S.- Bheja, District- Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Luchiya Khatoon W/o Md. Nasrul, R/o Vill.- Darah, P.S.- Bheja, DistrictMadhubani. P.S.- Bheja, District- Madhubani. At Present Luchiya Khatoon , D/o Md. Pirmohamad, resident of village Darah, P.S. Bheja, District Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Jitendra Kr. Bhart, Adv.

Mrs. Nitu Kumari No.7, Adv.

For the State :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 379, 498A, 504, 505, 506 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 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.30607 of 2018(2) dt.18-05-2018 2/2 petty family dispute. The case is triable by the Magistrate. The petitioner has 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 petitioner is named in the complaint case.

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 S.D.J.M., Jhanjharpur (Madhubani) in connection with C.R. case No.109/489 of 2015 corresponding to T.R. No.109 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T