Subodh Kumar Yadav & Ors vs State Of Bihar & Anr on 5 December, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22604 of 2017
Arising Out of PS.Case No. -1098 Year- 2001 Thana -PURNIA COMPLAINT CASE District-
PURNIA

1. Subodh Kumar Yadav son of Late Laxmi Narayan Yadav, resident of Mohalla-
Navratan Hatta, P.S.- K.Hat, District- Purnia.

2. Asha Devi wife of Late Arjun Yadav, resident of village- Bathnaha, P.S.-
Jankinagar, District- Purnia.

3. Geeta Devi wife of Santosh Yadav, resident of Mohalla- Madhubani Korathbari,
P.S.- K.Hat, District- Purnia.

4. Lakho Devi wife of Malik Prasad Yadav, resident of village- Maharaji P.S.-
Jankinagar, District- Purnia.

…. …. Petitioner/s

Versus

1. The State of Bihar.

2. Neeta Devi, wife of Subodh Kumar Yadav, resident of village- Bathnaha, P.S.-
Jankinagar, P.O.- Chopra Bazar, District- Purnia at present Mohalla- Navratan
Hata Purnea, P.S.- K. Hat, District- Purnia.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the State : Mr. Madan Kumar, APP

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 05-12-2017

This application under Section 482 of the Code of Criminal

Procedure (for short ‘the Cr.P.C.’) has been filed by the petitioners for

quashing the order dated 04.04.2017 passed by the learned Judicial
Patna High Court Cr.M isc. No.22604 of 2017 dt.05-12-2017

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Magistrate, 1st Class, Purnia in Complaint Case No.1098 of 2001 by

which the application filed on behalf of the petitioners under Section

239 of the Cr.P.C. seeking discharge has been rejected.

2. It would be evident from perusal of the impugned order

that the petitioners are alleged to have subjected the complainant to

cruelty for non-fulfilment of demand of dowry. She has also alleged

that the accused persons kicked her out of her matrimonial home after

obtaining her signature on stamp paper.

3. A discharge petition was filed on the ground that the

complainant was never married to the petitioner Subodh Kumar

Yadav and in absence of proof of marriage, the accused persons

cannot be charged for the offence punishable under Section 498A of

the Indian Penal Code.

4. It would be manifest from the record that the

complainant and the witnesses examined on behalf of the complainant

have supported the allegations made in the complaint in their

deposition made under Section 244 of the Cr.P.C. The court below

upon consideration of the record and after hearing the submissions of

the accused persons and the complaint found sufficient ground for

proceeding against the petitioners.

5. Having regard to the facts and circumstances of the case

and in absence of any other cogent legal ground having been
Patna High Court Cr.M isc. No.22604 of 2017 dt.05-12-2017

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advanced before this Court, I see no illegality in the order impugned.

6. The application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J)
Md.S./-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.12.2017
Transmission 07.12.2017
Date

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