High Court for State of TelanganaCRLP/7909/2016disposed of no costs

Smt. Zehra Farheen v. The State Of Telangana

2016-06-15Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7909 of 2016 ORDER:

This Criminal Petition, under Section 438 Cr.P.C., is filed by the petitioner-A5, seeking to grant anticipatory bail in CC No.452 of 2015 on the file of XVI Metropolitan Magistrate, Cyberabad at Rajendranagar, arising out of Crime No.491 of 2014 of Narsingi Police Station, Cybearabad, registered for the offences punishable under Sections 420, 498-A and 384 IPC and 3, 4 and 6 of Dowry Prohibition Act.

Heard and perused the material available on record. The petitioner is the sister-in-law of the de facto complainant. The allegation against the petitioner is that she along with the other accused harassed the de facto complainant demanding additional dowry.

Learned counsel for the petitioner submitted that the petitioner is no way concerned with the offences alleged against her and that she is not at all attended the marriage of the de facto complainant and A1 and she is a permanent resident of USA and after completion of investigation, police filed charge sheet against the petitioner and other accused showing the petitioner as absconding and hence, the Court below issued NBW against her and the petitioner is now intending to come to India and is ready to face the trial and hence, the NBW may be recalled.

Learned Additional Public Prosecutor opposed the application by submitting that the petitioner along with the other accused harassed the de facto complainant by demanding additional dowry and NBW is pending against her and in case bail is granted, she may not appear before the Court below.

In view of the same, this Court is not inclined to grant

anticipatory bail to the petitioner. However, the petitioner is directed to appear before the Court concerned on or before 24.08.2016 and file a petition to recall the NBW issued against her and on such petition being filed, the Court below is directed to recall the NBW pending against the petitioner on the same day on her executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for a like sum each. Further, the petitioners are directed to appear before the trial Court regularly or to be represented through her counsel.

With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions, if any, shall stand closed. ______________ RAJA ELANGO, J June 15, 2016.

KTL