Patna High Court - Orders
Abdul Rahim Ansari vs The State Of Bihar on 10 July, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40949 of 2018
Arising Out of PS. Case No.-506 Year-2015 Thana- TURKAULIYA District- East
Champaran
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Abdul Rahim Ansari S/o Late Nathu Mian Ansari, R/o Vill.- Mohammadpur,
P.S.- Banjaria , District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 10-07-2018Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 498A, 494, 341, 323, 504, 379, 307 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.4.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The victim and her family members are in the habit of Patna High Court Cr.Misc. No.40949 of 2018(2) dt.10-07-2018 2/2 instituting cases for similar offence against the petitioner and his family members. The petitioner has falsely been implicated in the present case due to petty family dispute. Except for the offence under Section 307 IPC, all other offences are 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 F.I.R/complaint case.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Turkaulia (Banjaria) P.S. Case No. 506 of 2015.
(Sudhir Singh, J) Pankaj/-
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