Tabish Faraz @ Taabish Faraz And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.54419 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54419 of 2016 Arising Out of PS.Case No. -1302 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Tabish Faraz @ Taabish Faraz & Ors

2. Akhtar Ahmad S/o Ali Ahmad

3. Nahid Akhtar W/o Akhtar Ahmad All resident of Village- Hospital road, Betiah, P.S.- Nagar (Betiah), District- West Champran.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Md. Jalaluddin S/o Late Md. Hanif, R/o- village- Biharsariff, P.S.- Karja, District- Muzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case instituted for the offence under Sections 4 of the Dowry Prohibition Act.

The main accusation is of demand of dowry on the pretext of marriage.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have not committed any offence in the form of demand of dowry. In fact, not a single farthing has been given by the complainant to these petitioners. Moreover, it is

Patna High Court Cr.Misc. No.54419 of 2016 (2) dt.21-12-2016 the daughter of the complainant, on whose, instance marriage has not been solemnized with petitioner No.1, Tabish Faraz @ Taabish Faraz.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of petitioner Nos. 2, Akhtar Ahmad and petitioner No. 3, Nahid Akhtar, is allowed. Let the petitioner Nos. 2 and 3, above named, in the event of their arrest or surrender before the court below, within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand rupees only) each with two sureties of the like amount each to the satisfaction of learned Chef Judicial Magistrate, S.D.J.M., (West) at Muzaffarpur in connection with Complaint Case No.1302 of 2014 (Tr. No. 3664 of 2015), subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner No.1, Tabish Faraz @ Taabish Faraz, is concerned, this Court is not inclined to grant anticipatory bail to him. Accordingly, the prayer for anticipatory bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T