IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11527 of 2007 BACHCHA SINGH @ BACHCHA PRASAD SINGH & ORS Versus STATE OF BIHAR & ANR ----------- 3 05-09-2008 Heard Mr. Anil Kumar, the learned counsel for the petitioners as also Mr. Parashuram Singh, the learned counsel for Opp.Party no.2 and Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. At the very outset, the learned counsel for the petitioners prays for permission to withdraw this application in respect of petitioner nos. 2 to 4, namely, Sarabjeet Singh @ Sarbjit Kumar , Gupteshwar Singh and Lalita Devi respectively. Accordingly, this application in respect of petitioner nos. 2 to 4 stands dismissed as withdrawn. Petitioner no.1, namely, Bachcha Singh @ Bachcha Prasad Singh has prayed for the quashing of the order dated 18.12.2006 passed by the learned Sub Divisional Judicial Magistrate, Patna in Kadamkuan P.S. Case No.617 of 2005, whereby he has rejected the prayer of the petitioner for discharge under Section 239 Cr.P.C. Submission advanced by the learned counsel for the petitioner is that the petitioner, Bachcha Singh @ Bachcha Prasad Singh had no role to play in the complainant being subjected to cruelty and torture or in the demand of articles by way of additional dowry. The petitioner happens to be a relative of the husband of the complainant and as per recital in the complaint petition itself, apart - 2 - from being a arranger of the marriage, he was the main catalyst in instigating the other accused to make demands of further articles as additional dowry or post marriage dowry for non-fulfilment whereof the complainant was subjected to torture. In the facts and circumstances of the case, I am not inclined to allow the prayer of the petitioner. His prayer for quashing of the impugned order is accordingly rejected and the application is dismissed. ( Abhijit Sinha, J) NKS/-