IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45081 of 2014
Arising Out of PS.Case No. -3534 Year- 2012 Thana -SARAN COMPLAINT CASE District-
SARAN
1. Rajeev Kumar son of Sri Krishna Kumar
2. Ashok Kumar @ Ashok Kr. son of Sri Krishna Kumar
3. Alok Kumar son of Sri Krishna Kumar
4. Krishna Kumar son of Late Pati Sah
5. Janki @ Janki Devi W/o Krishna Prasad All resident of Janki Cottage,
Hanuman Nagar, Shyamchak, Gudari Market behind R.C.C. Bank, P.S.
Bhagwan Bazar, P.O. / Distt. Chapra ( Saran )
…. …. Petitioners
Versus
1. The State of Bihar
2. Sundarshana Jyoti D/o Late Jamuna Prasad R/o Jawahar Tola, P.S. Nawadah,
Distt. – Bhojpur At present residing in Railway Gandak Colony, Quarter No.
558/C, P.S. Nagar, Samastipur, District – Samastipur
…. …. Opposite Parties
Appearance :
For the Petitioners : Mr. Nagendra Prasad Yadav No.1, Advocate
For the Opposite Party No.2 : Mr. Harish Kumar, Advocate
For the State : Mr. Umanath Mishra, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 18-09-2017
This criminal miscellaneous application under Section
482 of the Cr.P.C. has been filed to quash the order dated
06.09.2014 passed in Enquiry No.688 of 2013 arising out of
Complaint Case No.3534 of 2012 by SDJM, Saran at Chapra.
The learned Magistrate finding prima facie case for the offence
under Section 498A of the IPC against the five petitioners and
Section 376/511 of the IPC against petitioner no.3 ordered for
issuance of summons.
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2. Heard learned counsel for the petitioners, learned
counsel for the Opposite Party No.2 as well as learned APP for
the State.
3. The Opposite Party No.2 filed a complaint case
on the file of CJM, Chapra, Saran alleging inter-alia that she
was married with petitioner no.1 on 19.04.2012 according to
Hindu Rites and Rituals. After two months of marriage, her
husband and in-laws started torturing her. The petitioner no.2
who is full brother of her husband allegedly committed rape on
her in the night of 08.06.2012 and she was ousted by the
petitioners from the matrimonial house.
4. Learned counsel for the petitioners submits that
the Opposite Party No.2 is not the wife of petitioner no.1. The
petitioner no.1 has been married with one Puja Kumari on
19.10.2012. The Opposite Party No.2 has lodged Mithanpura
(Muzaffarpur) P.S.Case No.147 of 2012 for the offence under
Section 498A IPC and 3/4 of the Dowry Prohibition Act. She
has filed one more case bearing Mithanpura (Muzaffarpur)
P.S.Case Case No.125 of 2013 for the offence under Sections
498A, 504, 323, 506 and 379 of the IPC as well as 3/4 of the
Dowry Prohibition Act. The allegation against petitioners, all
the three cases are similar and so the prosecution of the
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petitioners at three forum is not legally sustainable. There is no
evidence of marriage of complaint with the petitioner no.1 and
so the criminal prosecution of these petitioners in a case lodged
by stranger would be an abuse of the process of the Court and so
the order taking cognizance is fit to be quashed.
5. The learned counsel for the Opposite Party No.2
as well as learned APP opposed the submissions.
6. On perusal of complaint petition as well as two FIRs
lodged by the Opposite Party No.2 and annexures available on
record, I find that the petitioner no.1 in a proceeding has
admitted the Opposite Party No.2 as his wife. There are
sufficient material against the petitioners constituting prima-
facie case for the offence under Section 498A of the IPC. The
cause of action in all the three cases appear different. I further
find that allegation of assault and torture is specific against all
the petitioners. The learned Magistrate in course of enquiry
found sufficient material against the petitioners in the statement
of witnesses and accordingly took cognizance under Section
498A of the IPC against all the petitioners and Sections 376/511
of the IPC against petitioner no.3.
7. In view of above discussions, I do not find any
illegality in the impugned order taking cognizance. This
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criminal application is devoid of merit and is accordingly
dismissed.
(Sanjay Kumar, J)
B.Kr./-
AFR/NAFR NAFR
CAV DATE
Uploading Date 22.09.2017
Transmission 22.09.2017
Date
