Birendra Bhagat And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47445 of 2014 Arising Out of PS.Case No. -1581 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Birendra Bhagat Son of Late Kamal Bhagat

2. Meena Devi Wife of Birendra Bhagat Both resident of Birendra Kirana Store, Village - Fagla Hammra Road, P.S. - Makarpur, District - Ludhiyana (Punjab).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Anand Kishore Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2015 Heard learned counsels for the petitioners and the State. The petitioners being parents of the husband of the complainant are apprehending arrest in a complaint case in which process has been directed to be issued for the offences punishable under section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

The basic accusation is of torture. It is specifically alleged against petitioner no. 1 that he requested the complainant to establish physical relation.

It is submitted by learned counsel for the petitioners that the accusation has been levelled only on the basis of

Patna High Court Cr.Misc. No.47445 of 2014 (2) dt.06-04-2015 2/2 suspicion.

Let the learned court below consider the prayer for regular bail of petitioner no. 1 in case petitioner no. 1 surrenders within six weeks from today in connection with Complaint Case No. 1581 C of 2013 pending in the court of learned C.J.M., Saharsa.

Considering the nature of accusation against petitioner no. 2 above named, who is a lady, let her be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T