Single judge granted anticipatory bail to Md. Afzal in a dowry harassment case, releasing him on a bond of Rs.10,000 with two sureties subject to conditions under Section 438(2) CrPC.
Petitioner released on anticipatory bail by furnishing a bond of Rs.10,000 with two sureties of similar amount each to satisfy the SDJM, Muzaffarpur, within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58447 of 2017
Arising Out of PS.Case No. -3164 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR
======================================================
Md. Afzal, Son of Md. Nasim, Resident of Mohalla- Baro Durga Asthan, Police Station- Barauni (O.P. Garhara), District- Begusarai.
.... .... Petitioner Versus
.... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Neeraj Kumar Alias Sanidh, Advocate. For the State : Mr. Anand Mohan Prasad Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 08-12-2017 Heard learned counsel for the petitioner and learned
counsel for the State
The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and ¾ of the D. P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment 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
Patna High Court Cr.Misc. No.58447 of 2017 (2) dt.08-12-2017
2/2
petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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. (East), Muzaffarpur, in connection with Complaint Case No. 3164 of 2015 (Trial No. 2379 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
U.K./U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case alleging dowry death under Section 498A of the IPC.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶17
2006(3) PLJR 182
3 provisions across 3 enactments
Md. Afzal
The State of Bihar
Mushrat Pravin
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
