Patna High CourtCR. MISC./60341/2018bail granted

Md. Nasim v. The State Of Bihar

2018-10-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60341 of 2018 Arising Out of PS.Case No. -275 Year- 2004 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Md. Nasim, S/o Amin, R/o Vill.- Bharare, P.S.- Karja, DistrictMuzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anita Kumari Singh, Advocate. For the Opposite Party : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 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 323, 406, 498(A) and 304(B) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. 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 been made accused in the present case due to mistake of fact. The petitioner is Dewar of the

Patna High Court Cr.Misc. No.60341 of 2018 (2) dt.04-10-2018 2/2 deceased. He is separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. 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 Sub Judge-XIV-cumA.C.J.M., Vaishali at Hajipur, in connection with Goraul P.S. Case No. 275 of 2004, arising out of Complaint Case No. 1392 of 2003, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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