Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84625 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== MD. NAUSHAD Son of Abbas Ansari Resident of Village - Puparhar @ Pipradhi, P.S.- Bajpatti, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the State :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 494, 498A/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-fulfillment 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 is in custody since 11-11-2019. Charge sheet in this case has

Patna High Court CR. MISC. No.84625 of 2019(4) dt.18-05-2020 2/2 already been submitted. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner undertakes that he will cooperate during trial. 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 of the case, the provisional bail granted to the petitioner vide order dated 19-12-2019 is, hereby, confirmed.

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