IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44156 of 2010
MD. FAROOQUE, son of Md. Shoaib, village Ratanpura, PS Bochahan, district Muzaffarpur -
Petitioner.
Versus
THE STATE OF BIHAR .
with
Cr.Misc. No.44192 of 2010
1) Md. Fahim, son of Abdul Sattar,
2) Sahjahan, wife of Md. Fahim, village Ratanpura, PS Bochahan, District Muzaffarpur -
Petitioners.
Vs.
The State of Bihar.
2 26.3.2011
Heard learned counsel for the petitioners, the A.P.P.
representing the State and the counsel for the informant.
The petitioners seek anticipatory bail in a case under
sections 306/34 of the Penal Code. The allegations in the FIR is
that Shabnam, the daughter of the informant was married to Md.
Naushad. When she was on a visit to her father’s house, one
Shahzada is said to have raped her. He was caught at the spot and
on ‘hulla’ several villagers gathered at the place of occurrence.
Shahzada promised to marry Shabnam. After some time the family
of Shahzada and he is said to have started demanding dowry for
the marriage, for which a case has been instituted. Apparently
Shahzada had backed out from the promise to marry the victim
girl. It is said that the petitioners used to torture her by making
statement against her and her parents. As a result of that she
committed suicide.
As far as petitioner Md. Farooque is concerned, he is a
neighbour and not part of immediate family of Shahzada.
2
Petitioner Md. Farooque is accordingly directed to be
released on anticipatory bail, in the event of his arrest or surrender,
in Bochahan PS Case No. 125/2010 on furnishing bail bond of
rupees ten thousand with two sureties of the like amount each to
the satisfaction of the C.J.M, Muzaffarpur, subject to the condition
laid down under section 438(2) of the Code of Criminal
Procedure.
As far as father and mother of Shahzada who are
petitioners in Cr. Misc. No. 44192/2010 are concerned, there is
specific allegation of demand of dowry and continuously taunting
the girl which ultimately led her to commit suicide. In the
circumstances I am not inclined to grant anticipatory bail to
petitioners Md. Fahim and Sahjahan. Their prayer for anticipatory
bail is rejected.
haque ( Sheema Ali Khan, J.)