Saiyad Sabeer Ahmad @ Albela And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30614 of 2018 Arising Out of PS. Case No.-877 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ======================================================
1. Saiyad Sabeer Ahmad @ Albela
2. Saiyad Asif alias Asif Alam
3. Saiyad Md. Tarik ... ... Petitioner/s
Versus
1. State Of Bihar
2. Shabbir Ahmad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-05-2018 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after taking cognizance for the offences punishable under Sections 406 and 418/34 of the IPC.
The prosecution case as per the complainant Shabbir Ahmad is to the effect that the marriage of the complainant's daughter, namely, Anguri Khatoon was fixed with petitioner no. 3. Engagement ceremony was performed on 12.3.2017, dain-mehar was fixed for Rupees Sixteen Thousand Fifty One Thousand and the date of marriage was fixed as 3.5.2017 but subsequently further
Patna High Court Cr.Misc. No.30614 of 2018(2) dt.17-05-2018 2/3 dowry demand of Rupees One Lac was made. When the complainant showed his inability, thereafter the petitioners refused to perform marriage.
It is submitted by learned counsel for the petitioners that since the girl was not found to be a suitable match for petitioner no. 1, the marriage was not finally fixed. It is further submitted that there is no proof with regard to the payment of money by the complainant to the petitioners. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that finding prima facie case, cognizance for the offences punishable under sections 406 and 418/34 of the IPC has been taken.
Considering the nature of accusation coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran
Patna High Court Cr.Misc. No.30614 of 2018(2) dt.17-05-2018 3/3 in connection with Complaint Case No. 877C of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U