Md. Arshad Mansuri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36237 of 2018 Arising Out of PS. Case No.-229 Year-2017 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Md. Arshad Mansuri, Son of Shahabuddin Mansuri, Resident of VillageAmehta, Police Station- Agiaon, District- Bhojpur, Ara. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Nazma Khatoon, Wief of Md. Arshad Mansuri, Daughter of Md. Ali @ Mutur Miyan, Present resident of Ram Prasad Mishra Ki Gali, Ward No.18, Dumraon, Police Station- Dumraon, District- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parijat Saurav For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 406, 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act in which cognizance has been taken under section 498A IPC and Section 4 of the D.P. 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

Patna High Court Cr.Misc. No.36237 of 2018(3) dt.05-07-2018 2/2 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. 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/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 S.D.J.M., Buxar in connection with Buxar Complaint Case No. 229(c)/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T