Vijay Kumar @ Vijay Thakur @ Vijay … vs State Of Bihar & Anr on 6 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39331 of 2014
Arising Out of PS.Case No. -68 Year- 2013 Thana -MANIYARI District- MUZAFFARPUR

1. Urmila Devi Wife of Naval Kishor Thakur @ Nawal Thakur, Resident of
Village Harishankar Maniyari, P.S. Maniyari, District Muzaffarpur

2. Naval Kishor Thakur @ Nawal Thakur Son of Late Ram Anutha Thakur
Resident of Village Harishankar Maniyari, P.S. Maniyari, District Muzaffarpur
…. …. Petitioners
Versus

1. The State of Bihar

2. Mamta Singh @ Mamta Gupta Daughter of Ram Chandra Thakur, Wife of
Krishna Mohan Gupta R/o Bakarganj Bajar, P.S. Pirbahore, District Patna
…. …. Opposite Parties
with

Criminal Miscellaneous No. 43258 of 2014
Arising Out of PS.Case No. -68 Year- 2013 Thana -MANIYARI District- MUZAFFARPUR

Vijay Kumar @ Vijay Thakur @ Vijay Kumar Thakur Son of Naval Kishor Thakur
Resident of Village Harishankar Maniyari, P.S. Maniyari, District Muzaffarpur
…. …. Petitioner
Versus

1. The State of Bihar

2. Mamta Singh @ Mamta Gupta Daughter of Ram Chandra Thakur, Wife of
Krishna Mohan Gupta R/o Bakarganj, P.S. Pirbahore, District Patna
…. …. Opposite Parties

Appearance :

(In Cr.Misc. No.39331 of 2014)
For the Petitioners : Mr. Arun Kumar, Advocate
For the State : Mr. Nand Kumar, Advocate
(In Cr.Misc. No.43258 of 2014)
For the Petitioner : Mr. Bipin Kumar, Advocate
For the State : Mr. Rajendra Prasad Nat, APP

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 06-11-2017

Heard learned counsel for the parties.

2. As both the cases arise out of order dated 18.06.2014,

passed by the learned Judicial Magistrate, 1st Class, Muzaffarpur in

G.R. No.733 of 2013, arising out of Maniyari P.S. Case No.68 of

2013, they are being heard together and disposed of by this common
Patna High Court Cr.Misc. No.39331 of 2014 dt.06-11-2017

2 /4

judgment.

3. The petitioners seeks quashing of order dated

18.06.2014, passed by the learned Judicial Magistrate, 1st Class,

Muzaffarpur in G.R. No.733 of 2013, arising out of Maniyari P.S.

Case No.68 of 2013 thereby taking cognizance of the offence under

Sections 341, 323, 324 and 498A of the Indian Penal Code.

4. The facts as alleged in the First Information Report by

the informant, opposite party no.2, is that she was married one year

ago with her husband and thereafter the petitioners started torturing

and assaulting her on some trivial issue. It is alleged that on

16.04.2013, the petitioners started abusing and assaulting her asking

her to leave the house and Urmila Devi, the mother-in-law, gave an

axe blow over her head causing cut injury and her father-in-law,

Naval Kishor Thakur and others also assaulted. Thereafter she was

treated.

5. Learned counsel for the petitioners submits that earlier

she was already married in the year 2003 but this petitioner married in

the year 2012 and a false representation was made by her that she is

still unmarried and she is habitual in filing such type of cases as she

earlier filed a case under Section 498A of the Indian Penal Code

against the first husband. It is also submitted that there is no specific

allegation of assault against Naval Kishor Thakur, petitioner no.2 of
Patna High Court Cr.Misc. No.39331 of 2014 dt.06-11-2017

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Cr. Misc. No.39331 of 2014, father-in-law and police also not finding

the evidence against him did not send up for trial but only submitted

charge-sheet against the husband of the informant and Urmila Devi,

the mother-in-law.

6. Learned counsel for the State submits that it was the

second marriage of Vijay Kumar @ Vijay Thakur @ Vijay Kumar

Thakur, the accused and petitioner of Cr. Misc. No.43258 of 2014. He

married with the informant after death of his first wife, so both were

married prior to their marriage and there is specific allegation against

the petitioners.

7. Having considered the rival submissions of the parties

and on perusal of the records, the Court finds that there is specific

allegation against Urmila Devi, petitioner no.1 of Cr. Misc. No.39331

of 2014, the mother-in-law of the informant and Vijay Kumar @

Vijay Thakur @ Vijay Kumar Thakur, petitioner of Cr. Misc.

No.43258 of 2014 regarding committing torture and assault and

causing injury to her though there is general and omnibus allegation

against the father-in-law, petitioner no.2 of Cr. Misc. No.39331 of

2014. The police finding no evidence against him during investigation

not sent up petitioner no.2 for trial. Since the allegation against

Urmila Devi, the mother-in-law and Vijay Kumar @ Vijay Thakur @

Vijay Kumar Thakur, the husband of the informant is specific, so
Patna High Court Cr.Misc. No.39331 of 2014 dt.06-11-2017

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there is no ground for interfering with the impugned order summoning

Urmila Devi, mother-in-law, petitioner no.1 of Cr. Misc. No.39331 of

2014 and Vijay Kumar @ Vijay Thakur @ Vijay Kumar Thakur, the

petitioner of Cr. Misc. No.43258 of 2014, the husband of the

informant to face trial. However, there is neither any specific

allegation against Naval Kishor Thakur, the father-in-law nor any

other material against him, so continuation of the criminal proceeding

against Naval Kishor Thakur, the father-in-law, petitioner no.2 of Cr.

Misc. No.39331 of 2014 would be an abuse of the process of the court

as prima facie the ingredients of the alleged offence is not made out

against him, so the entire criminal proceeding inclusive of cognizance

order dated 18.06.2014, passed by the learned Judicial Magistrate, 1 st

Class, Muzaffarpur in G.R. No.733 of 2013, arising out of Maniyari

P.S. Case No.68 of 2013 only with respect to Naval Kishor Thakur @

Nawal Thakur, petitioner no.2 of Cr. Misc. No.39331 of 2014 is

quashed.

8. Accordingly, these quashing applications stand

disposed of.

(Arun Kumar, J.)
S.Kumar/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.11.2017
Transmission 11.11.2017
Date

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