An application for Anticipatory bail under section 438 of CrPc

Abudul Ajiz @ Ajij Ansari .............................................petitioner

Versus
The state of Bihar & Anr..............................................Respondent

INTRODUCTION ABOUT THE APPLICATION

This application is meant for requesting Patna HC to grant Anticipatory Bail

to the petitioner who is resident of Vill- Lotaniya in Palamu district,
Jharkhand. A complaint petition was filed by the Respondent NO. 2 against
the petitioner.

SUMMARY OF FACTS:

A criminal complainant was filed by Rabiya Khatoon, who is wife of

Petitioner. According to the petition she filed, she was married with the
petitioner on 28.03.2003 and after 2 days of marriage, she went to her
marital home with her husband. As a gift of marriage, father of opposite
party No. 2 has given all goods, jewellery and 16,000 in cash to the
petitioner. According to her, her husband i.e., petitioner and other members
of the family started demanding dowry in the form of Rs. One Lakh. They
started torturing her and the petitioner stopped sending money. They kept
her hung for several days and used to beat often. After the father of the
opposite party no 2 approached the Panchayat, her husband i.e. Petitioner
agreed taht he will not repeat all these things and will honour and dignity.
But after one months of that, petitioner with his family members assaulted
her, take her jewellery and ousted her with her brother. At that time, she
was pregnant and delivered the child in her father home. None of the family
members ever asked about her. Opposite party No. 2 claimed that the
petitioner keep demanding Rs 1 Lakh and tortured her by saying that he will
do second marriage.

This is the prosecution story filed by the opposite party in which they have
filed criminal complaint under Section 498(A) OF IPC and section 3 & 4 of
Dowry prohibition Act.

In this application, it was submitted before the court that the petitioner is
innocent and has not committed the offences as alleged by the opposite
party No. 2. According to petitioner, all the allegations are false and just
made for the purpose of harassing him and his family. The petitioner claims
that the he himself and his family is trying their best to the marriage work
but the opposite party No. 2 has been misbehaving with everyone in the
house and threatened them to file false cases against them. The petitioner
and his family never demanded dowry and assaulted her. The petition is
based on the false story.

LEGAL PROVISIONS:

Section 498(a) of IPC:  Husband or relative of husband of a woman

subjecting her to cruelty.—Whoever, being the husband or the relative of the
husband of a woman, subjects such woman to cruelty shall be punished
with imprisonment for a term which may extend to three years and shall
also be liable to fine. Explanation.—For the purpose of this section, “cruelty”
means—

(a) any wilful conduct which is of such a nature as is likely to drive the

woman to commit suicide or to cause grave injury or danger to life, limb or
health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to

coercing her or any person related to her to meet any unlawful demand for
any property or valuable security or is on account of failure by her or any
person related to her to meet such demand.
Section 3 of Dowry Prohibition Act:  If any person, after the
commencement of this Act, gives or takes or abets the giving or taking of
dowry, he shall be punishable 2[with imprisonment for a term which shall
not be less than 3[five years, and with fine which shall not be less than
fifteen thousand rupees or the amount of the value of such dowry,
whichever is more]: —1[(1)] If any person, after the commencement of this
Act, gives or takes or abets the giving or taking of dowry, he shall be
punishable 2[with imprisonment for a term which shall not be less than
3[five years, and with fine which shall not be less than fifteen thousand
rupees or the amount of the value of such dowry, whichever is more]\:"
Provided that the Court may, for adequate and special reasons to be
recorded in the judgment, impose a sentence of imprisonment for a term of
less than 4[five years].] 5[(2) Nothing in sub-section (1) shall apply to, or in
relation to,— 1[(2) Nothing in sub-section (1) shall apply to, or in relation to,
—"

(a) presents which are given at the time of a marriage to the bride (without
any demand having been made in that behalf): Provided that such presents
are entered in a list maintained in accordance with the rules made under
this Act;

(b) presents which are given at the time of a marriage to the bridegroom

(without any demand having been made in that behalf): Provided that such
presents are entered in a list maintained in accordance with the rules made
under this Act: Provided further that where such presents are made by or on
behalf of the bride or any person related to the bride, such presents are of a
customary nature and the value thereof is not excessive having regard to the
financial status of the person by whom, or on whose behalf, such presents
are given.

Section 4 of Dowry Prohibition Act: If any person demands, directly or

indirectly, from the parents or other relatives or guardian of a bride or
bridegroom, as the case may be, any dowry, he shall be punishable with
imprisonment for a term which shall not be less than six months, but which
may extend to two years and with fine which may extend to ten thousand
rupees: 2[4. Penalty for demanding dowry.—If any person demands, directly
or indirectly, from the parents or other relatives or guardian of a bride or
bridegroom, as the case may be, any dowry, he shall be punishable with
imprisonment for a term which shall not be less than six months, but which
may extend to two years and with fine which may extend to ten thousand
rupees\:" Provided that the court may, for adequate and special reasons to
be mentioned in the judgment, impose a sentence of imprisonment for a
term of less than six months

It is therefore pleaded before the court that offences alleged by the opposite
parties are false, and made for the purpose of harassing the petitioner and
his family. This application is made for requesting the court to grant
anticipatory bail in the event of arrest or surrender in connection.