Sabiha Khatoon @Sanita Khatoon … vs State Of Bihar & Anr on 8 September, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41670 of 2016
Arising Out of P.S.Case No. -378 Year- 2014 Thana -BIHTA District- PATNA

1. SABIHA KHATOON @ SANITA KHATOON, wife of Noorshid Alam

2. Noorshid Alam @ Md. Narshid Alam, son of Late Abdul Rashid Both are
resident of Mohalla- Boro Airport, Post Office- Pachamba, P.S. Giridih, District
Giridih, State- Jharkhand.

…. …. Petitioners
Versus

1. The State of Bihar

2. Nahid Anjum, Daughter of Md. Abul Khoir, Resident of Village- Shrfuddinpur,
P.S. Bihta, District- Patna.

…. …. Opposite Parties

Appearance :

For the Petitioners : Mr. Md. Ataul Haque, Advocate
For the Opposite Party No.2 : Mr. Rakesh Kumar, Advocate
For the State : Mr. Mukeshwar Dayal, APP

CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 08-09-2017

This criminal miscellaneous application under Section 482 of the

Cr.P.C. has been filed to quash the order dated 15.06.2016 passed by learned

SDJM, Danapur in Bihta P.S.Case No.378 of 2014 whereby and whereunder the

learned Magistrate finding prima-facie case for the offence under Section 498A of

the IPC and 3/4 of the Dowry Prohibition Act took cognizance of offence and

summoned the petitioner and other co-accused.

2. Heard and perused the record.

3. The petitioners are parents of the husband of the informant

(Opposite Party No.2). The informant lodged an FIR with Bihta police station

alleging inter-alia that she was married with the son of the petitioners on

01.04.2013. The husband was posted at Probationary Officer in Canara Bank at

Jadavpur, Kolkata. At the time of marriage, the parents of informant had given
Patna High Court Cr.Misc. No.41670 of 2016 dt.08-09-2017

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cash amount of Rs.10,00000/- besides ornaments weighing 150 grams. After

marriage she visited at her matrimonial house at Giridih where her husband in-

laws started torturing and assaulting her in connection with a demand of car and

cash amount of Rs.5,00000/-. The family members of the informant tried to pacify

the matter and but to no effect. She was compelled to go back at her parents place

where she gave birth of a female child. The family members gave information

about the birth of female child to the husband of the informant and his family

members whereupon they again demanded cash amount and hurled threat and

abused over phone on several occasion. They threatened the informant that her

husband would be married with another girl if the demand was not fulfilled. The

matter was investigated and police submitted chargesheet against the husband and

these petitioners. The learned Magistrate after perusing the case diary found

prima-facie and accordingly summoned the petitioners.

4. The learned counsel for the petitioners submits that these

petitioners are parents of the husband of the informant and they have no concern

with the affairs of informant or her husband. The husband has divorced the

informant by pronouncing Talak. The husband had filed a Matrimonial Suit

No.206 of 2014 in the Court of Principal Judge, Giridih (Jharkhand). The said

divorce suit has been decreed and the divorce has been confirmed against the

informant. The informant has also filed a Matrimonial case and she is getting

maintenance from the husband to the tune of Rs.7500/- per month. It has been

further submitted that the petitioners are resident of Jharkhand where the

informant was residing with her husband. The court of Bihar has no jurisdiction to

entertain the case of the informant. The learned Magistrate without applying

judicial mind has taken cognizance in mechanical manner and so the order is fit to

be quashed.

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5. The learned APP as well as Opposite Party No.2 opposed the

submissions.

6. On perusal of complaint petition and documents on record, I find

that the petitioners are parents of the husband of the informant. The marriage of

the informant took place on 01.04.2013 and she has been blessed with a female

child. It has been specially alleged that her husband and his parents who are

petitioners before this Court started demanding Rs.5,00000/- and a car when she

visited at their place. She was tortured and assaulted on several occasion. They

sent the informant at her father’s place. It has further been alleged at the place of

her parents also they used to torture the informant by abusing/hurling threat. They

used to make telephonic call to demand the money as further dowry. The

allegation of abusing and assaulting is specific against the petitioners. The

husband is Probationary Officer and after few days of marriage, her husband and

these petitioners started torturing her. The learned Magistrate has rightly taken the

cognizance against the petitioner on the basis of specific allegation.

7. In view of above facts, I do not find any illegality in the impugned

order taking cognizance against these petitioners and other co-accused. This

application is devoid of merit and is accordingly dismissed.

(Sanjay Kumar, J)

B.Kr./-

AFR/NAFR NAFR
CAV DATE
Uploading Date 12.09.2017
Transmission 12.09.2017
Date

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