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.)