Brihaspat Paswan @Brihaspat Pasawan @ Bripashat Paswan And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3247 of 2016 Arising Out of PS.Case No. -249 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Brihaspat Paswan @Brihaspat Pasawan @ Bripashat Paswan Son of Bishundeo Paswan 2.

Pappu kumar Paswan @Pappu Paswan Son of Brihaspat Paswan@Brihasapat Paswan

3. Chameli Devi Wife of Brihaspat Paswan@Brihaspat Paswan All are resident of Village- Kotwara, P.s Rafiganj, District Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Munni devi Daughter of Ram Pravesh Praswan Resident of Ranga, Bigha, Post Manika, P.s Madanpur, District Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramendra Kumar Singh For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2016 Heard learned counsels for the petitioner and the State. The petitioner nos. 1 and 3 being the parents and petitioner no.2 being the brother of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.3247 of 2016 (3) dt.28-01-2016 2/2 the thrust of accusation is against the husband of the complainant. It appears that the learned Sessions Judge disposed of the anticipatory bail application of the petitioners in view of the ratio laid down in the case of Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015

(3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) since only the summons were issued.

In the circumstance, let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Complaint Case No.249 of 2015 pending in the court of learned CJM, Aurangabad keeping in view the aforementioned ratio.

It is expected from the learned court below to dispose of the regular bail application of the petitioners preferably on the same day.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T