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Manzoor Alam Ansari @ Manzoor Alam … vs State Of Bihar & Anr on 7 December, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39698 of 2014
Arising Out of PS.Case No. -110 Year- 2014 Thana -EAST CHAMPARAN COM PLAINT District-
EASTCHAM PARAN (MOTIHARI)

1. Manzoor Alam Ansari @ Manzoor Alam Son of As Mohamad Ansari

2. As Mohamad Ansari son of Late Toubig Ansari

3. Noor Alam Ansari Son of As Mohamad Ansari

4. Sabnam Khatoon Daughter of As Mohamad Ansari

5. Kusum Nesha @ Kulsoom Begum Wife of As Mohamad Ansari All are
Resident of Village -Chhot Bariyarpur, Kuriy Tola, Near Naya Pani Tanki,
Sugar Mill Road, P.S.- Chhatouni, District – East Champaran at Motihari
…. …. Petitioners
Versus

1. The State of Bihar

2. Naheeda Praveen Wife of Manjoor Alam Ansari and Daughter of Rahim Ansar i
Resident of Hanuman Gadhi, gauri Shankar School Road, Salam Nagar, P.S-
Motihari Town, District – East Champaran at Motihari
…. …. Opposite Party/s

Appearance :

For the Petitioners : Dr. Amrendra Kumar, Advocate
For the State : Md. Mushtaque Alam, APP
For O.P. No.2 : Mr. Jitendra Narain Sinha, Advocate

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 07-12-2017

Heard learned counsel for the petitioner, learned APP for

the State as well as learned counsel appearing on behalf of opposite

party no.2.

2. The petitioners seek quashing of cognizance order

dated 07.05.2014, passed by learned S.D.J.M., Sadar, Motihari in

Complaint Case No.110 of 2014 thereby taking cognizance of the

offence under Sections 498A and 379 of the Indian Penal Code as

well as under Section 4 of the Dowry Prohibition Act.

3. A brief fact giving rise to the case is that on 21.04.2011

complainant was married with Md. Manzoor Alam, petitioner no.1.
Patna High Court Cr.M isc. No.39698 of 2014 dt.07-12-2017

2 /3

The complainant’s husband after marriage started making further

demand of Rs.1,00,000/- cash, motorcycle and freeze at the instigation

of his father As Mohammad Ansari, many times the complainant was

sent back to her parents’ home. It is also alleged that in the

matrimonial home the mother-in-law and Nanad used to throw hot

water over the body of the complainant.

4. Learned counsel for the petitioners submits that no

specific allegation is levelled against the accused persons, so prima

facie under Section 498A of the Indian Penal Code and other offences

are not made out against the accused persons.

5. Having considered the rival submissions and on perusal

of the records, there appears specific allegation against the husband,

Manzoor Alam Ansari @ Manzoor Alam, petitioner no.1 as well as

against petitioners no.4 and 5 Nanad and mother-in-law with regard to

making demand of dowry and committing torture and it is alleged

against petitioners no.4 and 5 that they used to throw hot water over

the body of the complainant. However, the allegation is not specific

against the father-in-law, As Mohammad Ansari, and brother of the

husband, Noor Alam Ansari, petitioners no.2 and 3 except the bald

allegation hence, criminal proceeding inclusive of the order of

cognizance dated 07.05.2014, passed by learned S.D.J.M., Sadar,

Motihari in Complaint Case No.110 of 2014 and subsequent criminal
Patna High Court Cr.M isc. No.39698 of 2014 dt.07-12-2017

3 /3

proceeding with respect to petitioners no.2 and 3 is hereby quashed.

However, it is made clear that the criminal proceeding will proceed

further against Manzoor Alam Ansari @ Manzoor Alam, Sabnam

Khatoon and Kusum Nesha @ Kulsoom Begum, petitioners no.1, 4

and 5 respectively in accordance with law.

6. Accordingly, the quashing application stands disposed

of.

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

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.12.2017
Transmission 20.12.2017
Date

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