IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18275 of 2008 MD.DAUD @ SATWA & ORS Versus THE STATE OF BIHAR ----------- 3/ 07.07.2008 Heard learned counsel for the petitioners; learned Addl. P.P. and counsel appearing for the complainant. Counsel for the petitioners submitted that petitioner no. 3 Naimuddin has already been arrested. Hence, he may be permitted to withdraw his case. The case, so far petitioner no. 3 is concerned, is dismissed as withdrawn. This is an application for grant of anticipatory bail in Complaint Case No. 2381 of 2007 under Sections 498A of the IPC and 4 of Dowry Prohibition Act. Contention of the learned counsel for the petitioners is that the entire case is false. There is no specific allegation against the petitioners. The complainant and her father are pressurizing for registering two bighas of their land in the name of the complainant, hence, this false case has been filed. Counsel appearing for the complainant opposed the prayer. As there is no specific allegation against mother-in-law and other family members, the petitioners Sehri Khatoon, Nurseba Khatoon, Shah Alam and Mangni Khatoon are directed to surrender within four week from today. In that event on their surrender within the aforesaid period or their arrest, Sub-divisional Judicial Magistrate, Katihar shall release them on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to his 2 satisfaction in connection with Complaint Case No. 2381 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far the prayer of petitioner no. 1 Md. Daud @ Satwa is concerned, he is the husband of the complainant. Hence, considering the allegation in the complaint petition, I do not feel inclined to grant anticipatory bail to him. His prayer for anticipatory bail is rejected. He may surrender before the court below and pray for regular bail. In that event, the court concerned shall dispose of the bail application on merit without being prejudiced by this order. DKS/ (Rekha Kumari,J)