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Patna High Court - Orders

Md. Sirajudin Idrisi @ Md.Sirajudin vs State Of Bihar & Anr on 23 April, 2018

Author: Sudhir Singh

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.24024 of 2018
                  Arising Out of PS. Case No.-300 Year-2016 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 MD. SIRAJUDIN IDRISI @ MD.SIRAJUDIN S/o Majid Miya R/o Village -
                 Jahanabad, P.S. Kudra, District - Kaimur (Bhabua).

                                                                                    ... ... Petitioner/s
                                                  Versus
            1. The State of Bihar.
            2. Sufi Pravin W/o Md. Azad, D/o Late Md. Nezamuddin R/o Mohalla -
               M.P.Bagh Pathar Wali Gali, P.S. - Ara Town, District - Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Kumar
                 For the Opposite Party/s :        Mr. Sakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   23-04-2018

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, 341, 498A, 494, 504/34 of the Indian Penal Code and ¾ 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 is father-in-law of the victim. He has falsely been implicated in the present case due to petty family Patna High Court Cr.Misc. No.24024 of 2018(2) dt.23-04-2018 2/2 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., Ara (Bhojpur) in connection with Bhojpur Mahila P.S. Case No. 300/2016 (G.R. No. 4357/2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/-

U      T