Ajijur Rahman @ Ajijur Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77572 of 2019 Arising Out of PS. Case No.-826 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== AJIJUR RAHMAN @ AJIJUR HAQUE, aged about 50 years, Son of Abdul Salam, Resident of Mirjapur, P.O. - Taiyabpur, P.S. - Pothia, District - Kishanganj.

... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Sitara Khatoon @ Sitara Bibi, D/O Late Ehsan Ali, Resident of Mirjapur, P.O. - Taiyabpur, P.S. - Pothia, District - Kishanganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Lalita Kumari, Advocate.

For the State :

Mr.Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The complainant and her family

Patna High Court CR. MISC. No.77572 of 2019(2) dt.28-11-2019 2/2 members are in habit of instituting similar cases against the petitioner and his family members. 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 S.D.J.M. Kishanganj, in connection with Complaint Case No. 826C/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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