The High Court of Patna granted anticipatory bail to the petitioner, who faced charges under IPC and D.P. Act sections related to dowry torture, requiring bond and sureties within six weeks.
Petitioner granted anticipatory bail upon furnishing a bond of Rs. 10,000 with two sureties within six weeks of arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10666 of 2018
====================================================== Naushad Alam, S/o Makbool, R/o Haridiya, P.S.- Chhauradano, DistrictEast Champaran.
.... .... Petitioner Versus
The State of Bihar
.... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Anuj Kumar, Advocate. For the Opposite Party : Mr. Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 498(A), 504, 506 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 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 falsely been implicated in the present case due to petty family dispute. The case is triable by the
Patna High Court Cr.Misc. No.10666 of 2018 (2) dt.26-02-2018
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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 C.J.M. East Champaran, in connection with Chhauradano P.S. Case No. 232 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a dowry torture case.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred
2006(3) PLJR 182
1 provisions across 1 enactments
Naushad Alam
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
