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2007 DIGILAW 515 (PAT)

Firoz Alam v. State Of Bihar

2007-03-13

SYED MD.MAHFOOZ ALAM

body2007
Judgment Syed Md.Mahfooz Alam, J. 1. This is an application for cancellation of anticipatory bail granted to opposite party Nos. 2, 5 by order dated 17.7.2006 passed in Cr.Misc. No. 24663 of 2006. 2. Heard Mrs. Pallavi Mishra, learned Advocate of the petitioner as well as Mr. Raghib Ahsan, learned Advocate of opposite party Nos. 2 to 5. 3. It has been submitted by the learned Advocate of the petitioner that for obtaining anticipatory bail, opposite party Nos. 2 to 5 have taken assistance of a forged document i.e. Nikahnama. The learned Advocate further submitted that admittedly the father of the girl, namely, Firoz Alam, was not present at the time of Nikah of his daughter, Gazala Parveen with Rashid Shamin alias Munna and admittedly, the said Nikah was performed without the consent of the father of the girl but Nikahnama (Annexure-2 of this application) will show that the signature of the father of the girl is present on the said Nikahnama which is definitely forged one. The learned Advocate submitted that since a forged document was used for obtaining anticipatory bail, as such bail granted to opposite party Nos. 2 to 5 should be cancelled on that very ground. 4. The learned Advocate appearing on behalf of the opposite parties submitted that the order of grant of anticipatory bail was not passed on the basis of Nikahnama rather the order was passed on considering this fact that the girl, namely, Gazala Parveen, who was a major girl, informed the Court that she had performed marriage with Rashid Shamim @ Munna with her own free will and consent. 5. From perusal of the impugned order dated 17.7.2006 passed in Cr.Misc. No. 24663 of 2006 it appears that the order for grant of anticipatory bail was passed on the basis of the statement of the victim, namely, Gazala Parveen that she has performed the marriage with petitioner No. 2 Rashid Shamim @ Munna with her free will and consent and not on the basis of the alleged Nikahnama which bears forged signature of the father of the girl, namely, Gazala Parveen. In such view of the matter, I am of the opinion that it is not a fit case for cancellation of anticipatory bail as both the persons, namely, Gazala Parveen as well as her husband, Rashid Shamim @ Munna are major persons and they are free to decide their fate. In such view of the matter, I am of the opinion that it is not a fit case for cancellation of anticipatory bail as both the persons, namely, Gazala Parveen as well as her husband, Rashid Shamim @ Munna are major persons and they are free to decide their fate. 6. In the result, I do not find any merit in this application for cancellation of anticipatory bail and as such, the same is hereby dismissed. I.A. No. 169 of 2007. 7. An application bearing I.A. No. 169 of 2007 has been filed on behalf of the informant, Firoz Alam for initiation of enquiry under Sec.340 of the Code of Criminal Procedure on the ground that opposite party Nos. 2 to 5 for obtaining anticipatory bail have used forged document i.e. Nikahanama. 8. It has been submitted by the learned Advocate of the petitioner that admittedly, the marriage of petitioners daughter was not performed within the consent of the petitioner but strangely enough, the Nikahnama bears the signature of the petitioner which goes to show that the Nikahnama is a forged document. The learned Advocate submitted that since the said, forged document was used for obtaining anticipatory bail, as such criminal proceeding should be started against opposite party Nos. 2 to 5. 9. On the other hand, the learned Advocate of the opposite parties submitted that the said Nikahnama was supplied to them by the Kazi, who performed Nikah and as such, the opposite parties are not in a position to explain as to under what circumstances, the signature of the father of the girl appears on the Nikahnama. The learned Advocate submitted that the marriage of the girl was being opposed by the father of the girl because of the fact that the boy, namely, Rashid Shamim alias Munna, belongs to different caste and due to caste bias they are being harassed by the petitioner. The learned Advocate submitted that the Apex Court in several judgments has deprecated such acts am in support of his argument, he has placed reliance upon the decision reported in (2006) 5 Supreme Court Cases 475 (Lata Singh, petitioner V/s. State of U.P. and Anr. respondents). 10. I have gone through the said decision. The learned Advocate submitted that the Apex Court in several judgments has deprecated such acts am in support of his argument, he has placed reliance upon the decision reported in (2006) 5 Supreme Court Cases 475 (Lata Singh, petitioner V/s. State of U.P. and Anr. respondents). 10. I have gone through the said decision. Paragraph 17 of the said decision is relevant in the context of this case and as such, the said paragraph is quoted below: The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law. 11. 11. On the basis of the decision cited above, I am satisfied that this application has been (Sic) with a view to harass he opposite party No. 2 Rashid Shamim alias Munna and his family members as he belongs to different caste but such acts are not appreciated by the Apex Court and as such, I am of the view that this Interlocutory-Application should also be dismissed. Accordingly, this nterlocutory Application also stands dismissed.