Santosh Kumar & Ors vs The State Of Bihar & Ors on 1 September, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37557 of 2013
Arising Out of PS.Case No. -null Year- null Thana -null District- WESTCHAMPARAN(BETTIAH)

1. Santosh Kumar S/O Sri Harendra Prasad

2. Harendra Prasad S/O Sri Lalita Prasad

3. Akhilesh Kumar S/O Sri Harendra Prasad

4. Bhola Prasad S/O Sri Harendra Prasad

5. Chandravati Devi W/O Sri Harendra Prasad

6. Bindu Devi (Bittu) W/O Bhola Prasad, all 1 to 6 are R/o village – Malahi, P.S.
Malahi, District- West Champaran
…. …. Petitioner/s
Versus

1. The State Of Bihar

2. Shashibhushan Prasad S/O Nathuni Prasad Resident Of Village- Bastha, Police
Station- Mainatarn, District- West Champaran.

3. Gudia Devi W/O Santosh Kumar And D/O Shashibhushan Prasad Resident Of
Village- Bastha, Police Station- Mainatarn, District- West Champaran.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For Opp. Party : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Umanath Mishra, APP

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
Date: 01-09-2017

Herd learned counsel for the petitioners, State and

opposite parties.

Counsel for the petitioners submits that the husband of

the alleged victim has died. Counsel for the opposite parties is not in a

position to make any submission on the point of death of the husband.

If it is fact that the husband of the victim is no more and

the wife has also died, there is no point to proceed any further in the

instant case.

Patna High Court Cr.Misc. No.37557 of 2013 dt.01-09-2017

2/2

In the aforesaid circumstances, the application stands

disposed of with liberty to the petitioner to approach the court below

and file an application before the court below that the husband of the

alleged victim is no more. If such application is filed before the court

below with document in support thereof, the court below will consider

the desirability of closing the case positively within a period of two

months from the date of filing of such petition particularly in view of

the death of the husband and wife in the present case and the case is

under Section 498A of the Indian Penal Code and Sections ¾ of the

Dowry Prohibition Act.

(Anil Kumar Upadhyay, J)

S.Pandey/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 5.9.2017
Transmission 5.9.2017
Date

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