Doman Ravidas & Ors vs State Of Bihar & Anr on 14 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2498 of 2015
Arising Out of PS.Case No. -1452 Year- 2008 Thana -NALANDA COMPLAINT CASE District-
NALANDA (BIHARSHARIFF)

1. Doman Ravidas Son of Late Chando Ravidas

2. Bedami Devi Wife of Late Chando Ravidas

3. Rasmuni Devi Wife of Hira Ravidas

4. Hira Ravidas Son of Late Chando Ravi Das

5. Babloo Ravidas Son of Late Chando Ravi Das

6. Dablu Ravidas Son of Late Chando Ravi Das

7. Raja Kumar @ Raj Ravidas, Son of Late Chando Ravidas, All are Resident of
Village – Khusrupur, Tola Bhusi, P.S. – Khusrupur, District – Patna.

…. …. Petitioners

Versus

1. The State of Bihar.

2. Guddi Devi Wife of Doan Ravidas, D/o Bali Ram Ravidas, Resident of Village

– Karah Bazar, P.S. – Silao, District – Nalanda.

…. …. Opposite Party

Appearance :

For the Petitioners : Mr. Satya Ranjan Sinha
For the O.P. No. 2 : Mr. Upendra Kumar
Ms. Kumari Sujata Singh
For the State : Mr. Ajit Kumar, APP

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 14-11-2017

Heard learned Counsel for the petitioners, learned Counsel for

the State as also the learned Counsel appearing on behalf of Opposite

party No. 2.

2. The petitioners seek quashing of the cognizance order dated

17.4.2010 passed by the SDJM Nalanda at Biharsharif in Complaint Case

No. 1452 (C) of 2008, thereby taking cognizance of the offence under
Patna High Court Cr.Misc. No.2498 of 2015 dt.14-11-2017 2

Sections 498A and 379/34 of the IPC.

3. The brief fact giving rise to the case is that the complainant

filed the present complaint alleging therein that she was married with

Doman Ravidas, petitioner No. 1, five years back. She was his third wife

as his two wives died issueless. It is alleged that after three years of

marriage all the accused persons started making demand of Thirty

Thousand rupees in dowry and started torturing her in that connection. On

10.10.2008 she was driven out of the matrimonial home after assaulting

her, so she came back to her parents’ home. On 19.11.2008 all accused

persons came to the residence of her parents at Rajgir, resided there in the

night and committed theft by taking away clothes and jewelry.

4. Learned Counsel appearing on behalf of the petitioners

submits that there is general and omnibus allegation against all the

accused persons. Besides the husband the accused persons are father-in-

law, mother-in-law, four brothers of the husband of the complainant and

also the wife of the husband’s brothers.

5. Having considered the rival submissions and on perusal of the

record, the Court finds that the complainant is the third wife of petitioner

No. 1 and she levelled allegation of making demand of further dowry after

three years of marriage. The allegations levelled against the petitioners

who are in-laws are only general and omnibus and only casual reference of

making demand of dowry and assault only is made in the complaint; so the

cognizance order with respect to the petitioners other than the husband, i.e.

petitioners 2 to 7, as well as the subsequent criminal proceeding is hereby
Patna High Court Cr.Misc. No.2498 of 2015 dt.14-11-2017 3

quashed.

6. The application stands partly allowed.

(Arun Kumar, J.)

Snkumar/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16.11.2017
Transmission 16.11.2017
Date

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