IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48133 of 2014
Arising Out of PS.Case No. -131 Year- 2012 Thana -BASOPATTI District- MADHUBANI
1. Dhirendra Kuwar Son of Mahesh Kuwar
2. Mahesh Kuwar Son of Late Arjun Kuwar
3. Siya Devi Wife of Mahesh Kuwar
4. Rabindra Kuwar Son of Mahesh Kumar (Dewar) R/o village- Bajpatti Bangaon,
P.S.- Bajpatti, District- Sitamarhi
…. …. Petitioners
1. The State of Bihar
2. Anju Singh Wife of Dhirendra Kuwar daughter of Mahendra Singh R/o village-
Madhiya, P.S. Basopatti, District- Madhubani
…. …. Opposite Party
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Gagan Deo Yadav, Advocate
For the State : Md. Nazir Ansari, APP
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners assailed the
order taking cognizance and issuance of summons dated
16.08.2013 passed by the learned S.D.J.M., Madhubani in
connection with Basopatti P.S. Case No. 131 of 2012, G.R.
No. 2501/2012 under Section 498A and 494/34 of the Indian
The petitioner no. 1 is the husband whereas
petitioner nos. 2 3 are father-in-law and mother-in-law
respectively, and petitioner no. 4 is the elder brother of the
Patna High Court Cr.Misc. No.48133 of 2014 dt.15-11-2017
husband of the informant-opposite party No. 2.
In this case, after investigation police has
submitted a charge-sheet and in course of investigation it has
revealed that the petitioner no. 1 has married to an another
lady because no child was born out of the wedlock between
petitioner no. 1 and the informant-opposite party no. 2.
A perusal of the statements made in the complaint
petition which is the basis of registration of the F.I.R., it
appears that there are allegations against all these petitioners
that they treated the informant-opposite party no. 2 with
cruelty and tortured her as also she was thrown out of her
matrimonial house because she was unable to give birth to a
child. The allegation is that all these petitioners had
participated in the alleged occurrence.
In the facts and circumstances, I am not inclined to
interfere with the order taking cognizance. Accordingly, this
application is dismissed.
(Rajeev Ranjan Prasad, J.)
CAV DATE NA
Uploading Date 16.11.2017
Transmission Date 16.11.2017