Murari Prasad Saw & Ors vs The State Of Bihar on 2 August, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31333 of 2014
Arising Out of PS.Case No. -275 Year- 2006 Thana -ALAMGANJ District- PATNA

1. Murari Prasad Saw

2. Gopal Prasad Saw

3. Soni Kumar Saw @ Sunil Kumar Saw @ Sunil Pd Saw

4. Payal Devi
Sons and daughter of Late Ram Prasad Saw

5. Rajiv Kumar Chaudhary

6. Binod Kumar Chaudhary

7. Ranjit Chaudhary @ Ranjo
All sons of Suresh Chaudhary @ Laso. All resident of Mohalla and P.O.
Hasanganj Road, Police Station – Mojahidpur, District – Bhagalpur
…. …. Petitioner/s
Versus
The State of Bihar
…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 02-08-2017

Heard learned counsel for the parties.

2. The petitioners have filed this application for quashing

order dated 20.03.2009 passed by Sri Sanjay Kumar-IV, Judicial

Magistrate, 1st Class, Patna City in Alamganj P.S.Case No. 275 of

2006(G.R.No. 1585 of 2006) by which charge has been framed under

Sections 363, 365, 379, 420, 467, 498 and 504/34 of the Indian Penal

Code.

Patna High Court Cr.Misc. No.31333 of 2014 dt.02-08-2017

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3. Allegation, as per complaint, in brief, is that petitioner

no. 4 Payal Devi left the house of her husband on the pretext of

attending a marriage ceremony in her friend’s house, but thereafter

she did not return back. It is further alleged that she has gone after

taking jewellery from the house and some amount of cash. It is further

alleged that she had some extra-marital relationship with another

READ  Vasant S/O Bhagwat Patil-vs-The State Of Maharashtra on 22 June, 2011

person Rajiv Kumar Chaudhary, and later on, her parents, elder

brother and daughter came to his house and threatened him and

forcibly took his signature on a blank paper.

4. Learned counsel for the petitioners submits that no

prima facie case under the aforesaid Sections, in which charge has

been framed, is made out; in fact petitioner no. 4, Payal Devi, was

being tortured by her husband, therefore, she left her matrimonial

home and she has also filed a matrimonial case under Section 498A of

the Indian Penal Code against her husband and others but after

lodging of this case.

5. Having considered rival submissions of both sides and

on perusal of record, prima facie, no case, as alleged, is made out in

this case. It appears that wife of informant voluntarily left her

matrimonial home along with her daughter. Even no list of alleged

stolen items is mentioned by informant and no such evidence

exists in the case diary. So the impugned order dated 20.03.2009
Patna High Court Cr.Misc. No.31333 of 2014 dt.02-08-2017

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passed by Sri Sanjay Kumar-IV, Judicial Magistrate, 1st Class, Patna

City in Alamganj P.S.Case No. 275 of 2006 (G.R.No. 1585 of 2006)

and the entire criminal proceeding is set aside. This application stands

allowed.

(Arun Kumar, J)

Sujit/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.08.2017
Transmission 08.08.2017
Date

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