DISTRICT: NARSINGDI
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CRIMINAL MISCELLANEOUS JURISDICTION)
CRIMINAL MISCELLANEOUS CASE
NO. OF 2008
IN THE MATTER OF:
An application for anticipatory bail under section 498 of the Code of Criminal Procedure.
AND
IN THE MATTER OF:
X
Son of late Md. Y
Permanent address:
Village- Laksmipur
Thana- Jamalpur
District- Sunamgonj
At present- House No. 16, Topuban Residential Area, Akhalia, Sylhet
Accused-Petitioner
(On surrender)
-Versus-
1. The State represented by the Deputy
Commissioner, Narsingdi.
Opposite-party
2. Z
Daughter of Md. K
98, West Brahmondi
Thana and District- Narsingdi
Complainant-opposite
party
A N D
IN THE MATTER OF:
Nari-O-Shishu Case No. 82/2008 dated 12.02.2008 lodged against the accused-petitioner along with 2 (two) other accused under Sections 11(Ga) and 30 of the Nari-O-Shishu Nirjatan Domon Ain, 2000 (as amended in 2003), now pending in the court of Nari-O-Shishu Nirjatan Domon Tribunal, Narsingdi.
To
Mr. Md. Ruhul Amin, the Chief Justice of Bangladesh and his companion justices of the said Hon’ble Court.
The humble petition of the petitioner above-named most respectfully –
SHEWETH:
01. That the accused-petitioner is a law-abiding and peace-loving permanent citizen of Bangladesh. He comes from established and respected Muslim family and has impeccable reputation as foreign currency earner in the society. The accused-petitioner is presently residing in Tokyo, Japan. He is never involved in any anti-social or anti-state activities at all.
02. That the complainant-opposite party No.2 is the ex-wife of the accused who married each other on 20.04.2003 in accordance with Shari’ah law. On 09.01.2008 the accused divorced the opposite party No.2 as the relationship was not going well.
03. That the accused-petitioner after completion of his education in Bangladesh went to Japan in the year of 1988 for study. He pursued the language study and successfully completed the Diploma course in Japanese language. Since the completion of language course, he has been involved in car business. In addition to that the accused has started car selling business in his own establishment in partnership with some of the Japanese nationals. He has been his business with reputation in Tokyo for a decade. In last few years the accused contributed to the country by sending more than taka 2.0 crore (taka two crore) as remittance from Japan.
Attested copies of the receipts of remittance issued from Japan are annexed herewith and marked as ANNEXURE-“A”
04. That on 15.05.2008 afternoon immediately after his arrival to Bangladesh from Japan the accused petitioner came to know from his relatives that on 12.02.2008 a complaint being the Nari-O-Shishu Case No. 82/2008 dated 12.02.2008 under sections 11(Ga) and 30 of the Nari-O-Shishu Nirjatan Domon Ain, 2000 (as amended in 2003), now pending in the Court of Nari-O-Shishu Nirjatan Domon Special Tribunal, Narsingdi (hereinafter referred to as the Complaint) was filed against the accused-petitioner as accused No. 1 along with 2 (two) other accused.
05. That the opposite party No.2 alleged in the Complaint inter alia that the accused-petitioner demanded taka 5, 00,000.00 (taka five lac) on the day before the alleged offence took place. Upon refusal to pay such an amount, on 09.11.2006 the accused-petitioner took the opposite party No.2 to her father’s house and demanded taka 5,00,000.00 (taka five lac) as dowry in front of her guardian. Upon expressing their inability to pay the accused-petitioner battered in the face of the opposite party No.2, other accused hurt in different parts of the body and pulled her by hair. The Complaint is quoted below for ready reference:
06. That the prosecution story in brief is that on 12.02.2008 the complainant-opposite party filed a complaint petition in the Nari-O-Shishu Nirjatan Domon Tribunal, Narsingdi against the accused-petitioner alleging inter alia that the complainant-opposite party got married the accused-petitioner in accordance with the Islamic shariah law which was duly registered. Since marriage the accused-petitioner was demanding taka 5,00,000.00 (taka five lac) as dowry with the help of other accused. In case of denial by the complainant-opposite party, she was being tortured. The accused-petitioner in their house demanded taka 5,00,000.00 (taka five lac) in the day before the alleged offence and the complainant-opposite party showed her inability. On 09.11.2006 the accused-petitioner took the complainant-opposite party to her father’s house and demanded the dowry of taka 5,00,000.00 (taka five lac) in front of guardian and the complainant-opposite party and her father showed their inability. Then the accused-petitioner hit in complainant-opposite party’s face, accused No. 2 assaulted in different parts of the body and accused No. 3 hold her hair and pulled away. The witness rushed to the spot hearing the hue and cry of the complainant-opposite party and the accused-petitioner told them they would not take her in their house without dowry. The complainant-opposite party took the treatment from the doctor. The delay of filing the case is due to the process of amicable settlement. The accused-petitioner is not looking after the complainant-opposite party. She is now residing in her father’s house with one child of about 2 years.
07. That on 20.04.2003 the accused petitioner married the opposite party No.2 in accordance with the principles of Islamic Shari’ah. Since the very wedlock, the accused-petitioner has found her morally weak, rude in behavior and imbalanced in lifestyle. He tried his best to rebuild her character in very many ways but failed. The accused petitioner took the opposite party No.2 twice to Japan so that she could correct herself. Apart from this the accused petitioner visited Bangladesh about 16 times in last 4 years to prevent her from mixing with her so-called boy friends. During one visit in Japan, the opposite party No.2 attempted to kill the accused by sharp kitchen knife immediately after the accused petitioner disagreed to purchase all luxury items she chose from the shopping centre for her parents. This event made the accused-petitioner realized that the opposite party No.2 could not be his life time partner rather she would be a danger.
08. That during the last visit in Bangladesh, the day before the alleged offence, the complainant-opposite party warned the accused-petitioner that she would not keep marital relationship with him if his parents and other relatives live in his Sylhet residence. In the day of alleged offence, on 09.11.2007, the accused-petitioner was in his Sylhet residence, even he was in Sylhet on 10.11.2007. The accused-petitioner dropped the complainant-opposite party in her father’s residence on 11.11.2007 on his way to Dhaka. In the next day on 12.11.2007 he left Bangladesh for Japan. At the time complainant-petitioner took away all valuable belongings, expensive jewelries, digital camera and US $ 25,000.00 (taka twenty five thousand US dollars) in cash without the knowledge and authority of her husband and other relatives. The accused-petitioner’s brother-in-law, Mr. Shahjahan Ahmed filed a General Diary in the Kotwali thana, Sylhet vide GD No. 1438 dated 19.11.2007.
The copy of the G.D. entry is annexed herewith and marked as ANNEXURE “C”.
09. That later on, the brother-in-law of the accused-petitioner filed Kotwali Model Thana Police Station Case No. 04 (4) 2008 filed against the present complainant-opposite party under section 420/406/506 of the Penal Code on 01.04.2008.
The copy of the F.I.R of the Kotwali Model Thana Police Station Case No. 04 (4) 2008 is annexed herewith and marked as “ANNEXURE D”.
10. The accused-petitioner being abused by the complainant-opposite party repeatedly, decided not to carry out the marital relationship with the accused-opposite party. He instructed his relatives to send him in Japan the divorce form which they sent accordingly. The accused-petitioner then divorced his wife due to his moral turpitude and mental and family disturbance due to her rude behavior on 09.01.2008.
The copy of the Divorce-notice form is annexed herewith and marked as “ANNEXURE E”
11. That it is humbly submitted that the allegation as brought against the Accused-petitioner is false, frivolous, concocted and fabricated and as such no offence under Sections 11(Ga) and 30 of the Nari-O-Shishu Nirjatan Domon Ain, 2000 (as amended in 2003) has been committed by the petitioner.
12. That it is submitted that the accused-petitioner sends by remittance about taka 2.00 crore (taka two crore) in Bangladesh in last few years time. Therefore, the allegation that the accused-petitioner claims taka 5,00,000.00 (taka five lac) as dowry from complainant-opposite party and her parents is quite unreasonable, unbelievable, false, concocted, vexatious which caused serious doubt in the complainant’s story.
13. That it is submitted that the complainant-opposite party filed the instant case after 3 months of the alleged offence which caused serious doubt in the complainant’s story.
14. That it is submitted that the complainant-opposite party took treatment for her alleged injury 2 (two) days after the alleged attack which creates serious suspicion about the alleged injury and the complainant’s story.
The copy of the doctor’s alleged medical certificate is annexed herewith and marked as “ANNEXURE F”
15. That it is submitted that being received the divorce notice vide dated 09.01.2008 from the accused-petitioner, the complainant-opposite party became vindictive and filed this case to harass and disrepute the petitioner’s reputation purposely and this is why the accused-petitioner though is ready and willing to surrender before the concerned learned Court below, but he is not in a position to do so and apprehends that on the way he will be arrested by the police and will be subjected to humiliation and harassment by the police as well as the ex-wife of the accused-petitioner.
16. That it is humbly submitted that the petitioner also apprehends that there will be a serious resistance from his ex-wife for granting bail of the accused-petitioner and the petitioner will not get justice if he surrenders in the court below, as such, the accused-petitioner directly surrenders before this Honourable Court with an application for anticipatory bail.
The certified copy of the order sheet issued by the concerned Court is annexed herewith and marked as “ANNEXURE G”
17. That it is submitted that the petitioner has been falsely implicated in the case by the interested group with sole purpose of harassing him and maligning his good reputation.
18. That it is submitted that the petitioner is permanent citizen and law-abiding national of Bangladesh. Since he is respectful to Bangladeshi laws, he appears before the Honourable Court, otherwise, he could go back Japan as soon as he had the knowledge of this case against him. But he did not do so. Rather being loyal to the Bangladeshi law and the Court, he appears before this Honourable Court. Therefore, there is no reasonable ground of apprehension of absconsion, tempering with the evidence or misuse of the bail if the petitioner is enlarged on anticipatory bail.
19. That it is submitted that for the reasons stated herein above this Hon’ble Court in exercise of its power under section 498 of the Code of Criminal Procedure may kindly grant anticipatory bail. This is a proper case where such discretion may kindly be exercised by this Hon’ble Court.
20. That in the above premises, the petitioners having no other alternative, begs to file this application for bail under section 498 of the Code of Criminal Procedure before the Hon’ble High Court Division on the following amongst other-
GROUNDS
I. For that the accused petitioner is quite innocent and is falsely implicated in this case by his ex-wife for harassment.
II. For that the complainant-opposite party took the treatment of her alleged injury two days after the alleged attack on her which caused serious doubt about the complainant’s story.
III. For that being received the divorce notice vide dated 09.01.2008 from the accused-petitioner, the complainant-opposite party became vindictive and filed this case on 12.02.2008 to harass and disrepute the petitioner’s reputation purposely.
IV. For that where the accused-petitioner sends taka 2.00 crore (taka two crore) in Bangladesh by remittance from Japan in last few years time, therefore, bringing the allegation of demanding taka 5.00 lac by the accused-petitioner from the complainant-opposite party as dowry is only to harass and disrepute the petitioner’s reputation purposely.
V. For that the complainant-opposite party filed the instant case against the accused-petitioner after 3 months of the alleged offence which caused serious doubt in the complainant’s story.
VI. For that the accused-petitioner though is ready and willing to surrender before the concerned learned Court below, but he is not in a position to do so and apprehends that on the way he will be arrested by the police and will be subjected to humiliation and harassment by the police as well as the ex-wife of the accused-petitioner and he may be put to humiliation and inhuman torture.
VII. For that the accused-petitioner also apprehends that there will be a serious resistance from his ex-wife for granting bail of the accused-petitioner and the petitioner will not get justice if he surrenders in the court below, as such the accused-petitioner directly surrenders before this Honourable Court with an application for anticipatory bail.
VIII. For that the petitioner is permanent citizen in Bangladesh and he is in the higher position in our country and so there is no chance or apprehension of absconsion, tempering with the evidence or misuse of the bail if the petitioner is enlarged on anticipatory bail.
IX. For that in view of the above facts, circumstances, and provisions of law and for ends of natural justice and equity, your Lordships may kindly be pleased to consider the petitioners on anticipatory bail.
Wherefore, it is humbly prayed that your Lordships would graciously be pleased to:
A. Issue Rule calling upon the opposite- party to show cause as to why the accused-petitioner shall not be enlarged on anticipatory bail in Nari-O-Shishu Case No. 82/2008 dated 12.02.2008 lodged against the accused-petitioner along with 2 (two) other accused under sections 11(Ga) and 30 of the Nari-O-Shishu Nirjatan Domon Ain, 2000 (as amended in 2003), now pending in the court of Nari-O-Shishu Nirjatan Domon Tribunal, Narsingdi;
B. After hearing the parties and on perusal of the cause shown, if any, make the Rule absolute;
C. And/or pass such other or further order or orders, as your Lordships may deem fit and proper.
AND
. Pending hearing of the Rule, grant anticipatory bail to the accused-petitioner who is innocent.
And for this act of kindness, the petitioner, as in duty bound, shall ever pray.
AFFIDAVIT
I, X,son of late Md. Y, village-Laksmipur, Thana- Jamalpur, District-Sumangonj, at present- House No. 16, Topuban Residential Area, Akhalia, Sylhet, aged about 38 years, by occupation business, by faith Muslim, by nationality Bangladeshi, do hereby solemnly affirm and say as follows:
01. That I am the Tadbirkar of the petitioner in this case and as such I am fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.
02. That the statements made above are true to my knowledge and belief and the rests are submissions before this Hon’ble Court.
| Prepared in my office: | |
| Advocate | Deponent |
| Solemnly affirmed before me on this the 21st day of May, 2008 at ____ a.m. | The deponent is known to me and identified by me. |
| Advocate |
Commissioner of Affidavits
Supreme Court of Bangladesh
High Court Division