IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15421 of 2008 MD.ARIF & ORS Versus THE STATE OF BIHAR ----------- 3 06.05.2008 The seven petitioners are apprehensive of their arrest in connection with Complaint Case No. 2266 of 2007 , registered under sections 498A and 323 I.P.C. and section 3 / 4 Dowry Prohibition Act and have prayed for anticipatory bail. The allegation in the complaint is that the marriage of the complainant was held with petitioner no. 1 Md. Arif and out of the wedlock a girl child was born. It is alleged that after one week in the marital home the cordial and harmonious relationship between her and the family members of the husband suddenly underwent a change and a demand of a sum of Rs. 50,000/- and a motorcycle was made towards dower and when she opposed the demand she was subjected to torture, mentally and physically. It has also been alleged that on 20.9.2007 the demand was reiterated and when she expressed the inability of her brother and widowed mother to fulfill the demand, suggestion was given by petitioner no. 4 to oust her from the marital home as she spoke too much and petitioner nos. 3 to 7 gave out that on non meeting of the demand petitioner no. 1 would continue to carry on business of contract whereas petitioner no. 1 reiterated the demand. The petitioners is said to have dragged the complainant out of - 2 - the marital home. Petitioner nos. 2 and 3 threatened that she should return to the marital home only after the demand was fulfilled. When the mother of the complainant along with co- villagers went to plead with the accused persons she was humiliated and driven away. The submission on behalf of the petitioners is that they have been falsely implicated in this case notwithstanding the fact that the alleged marriage between the complainant and petitioner no. 1 had never been performed and the complainant had hatched up a plan to get herself married with petitioner no. 1 with a forged Nikah Nama and that petitioner no. 1 had filed a case bearing No. C.A. 3134 of 2007 against the complainant and her relations which had been sent to concerned Police Station for registration as Aazamnagar P.S. Case No. 21 of 2008. Filing of the counter case by petitioner no. 1 and false implication of the accused persons is a good ground for regular bail but as of now and upon present situation I am not inclined to grant anticipatory bail. Their prayer for anticipatory bail is accordingly rejected. Sanjay/- (Abhijit Sinha, J.)