Jay Prakash Jha & Ors vs State Of Bihar & Anr on 10 May, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33036 of 2012
Arising Out of PS.Case No. -45 Year- 2010 Thana -Akbarnagar District- BHAGALPUR

1. Jay Prakash Jha Son of Panchand Jha Resident of Mohalla Anand Bag Gumti
No. 12 Bhikhanpur P.S. Ishakchak District Bhagalpur.

2. Kumar Shushil @ Shushil Kumar Jha Son of Jay Prakash Jha Resident of
Mohalla Anand Bag Gumti No. 12 Bhikhanpur P.S. Ishakchak District Bhagalpur.

3. Smt. Shailaja Jha Wife of Jay Prakash Jha Resident of Mohalla Anand Bag
Gumti No. 12 Bhikhanpur P.S. Ishakchak District Bhagalpur.

4. Sweety Wife of Sudhansu Mishra Resident of Mohalla Anand Bag Gumti No. 12
Bhikhanpur P.S. Ishakchak District Bhagalpur.

5. Ashish Kumar Son of Jay Prakash Jha Resident of Mohalla Anand Bag Gumti
No. 12 Bhikhanpur P.S. Ishakchak District Bhagalpur.

…. …. Petitioner/s
Versus

1. The State of Bihar

2. Khushbu Kumari Wife of Kumar Shushil Jha and Daughter of Shasidhar Jha
Resident of Village Damodarpur P.S. Akbarnagar District Bhagalpur

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Kundan Kumar
Mr. Dilip Kumar

For the Opposite Party/s : Mr. Gopal Prasad Roy
For the State : Mr. Akhileshwar Dayal, APP

CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 10-05-2017

Heard Mr. Kundan Kumar, learned counsel for the petitioners,

Mr. Gopal Prasad Roy, learned counsel for the Opposite Party No. 2

as well as Mr. Akhileshwar Dayal, APP for the State.

2. The petitioners seek quashing of the order dated 07.01.2011,

passed by the Chief Judicial Magistrate, Bhagalpur in Akbarnagar

READ  Brajesh Kumar & Ors vs The State Of Bihar & Anr on 18 April, 2017

P.S. Case No. 45 of 2010, whereunder these petitioners were

summoned for the offence under Sections 498A, 327 and 120B of the

Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Patna High Court Cr.Misc. No.33036 of 2012 dt.10-05-2017

2/4

3. The facts in brief is that the O.P. No. 2 (complainant) filed a

Complaint Case No. 1471 of 2010 on the file of Chief Judicial

Magistrate, Bhagalpur alleging therein that after her marriage which

took place on 27.02.2009, her husband and in-law’s started torturing

her in connection with further dowry. She has further alleged that

her husband and in-law’s took her entire ornaments worth Rs. 2 lacs

and cloths worth Rs. 50,000/-. She under compelling circumstance

and also to save her life came back at her father’s place where she

started leading her deserted life. A copy of the said complaint

petition was sent to concerned police station for institution of case

under Section 156(3) of the Cr.P.C. and enquiry. Accordingly,

Akbarnagar P.S. Case No. 45 of 2010 was registered under Section

498A, 327, 120B. The matter was investigated and police submitted

charge-sheet against the petitioners. The learned Magistrate took

cognizance of the offence as stated above.

4. The learned counsel for the petitioners submits that the O.P.

No. 2 (complainant) is not willing to lead conjugal life with her

husband since the date of her marriage. The petitioner no. 2

(husband) wants to keep the complainant with full honour and

dignity. He had filed a Matrimonial Case No. 208 of 2009 for

restitution of conjugal right. As against this, the O.P. No. 2

READ  Deepak Pandey vs State Of Haryana on 25 July, 2017

(complainant), who is not willing to lead conjugal life has filed a

Matrimonial Suit No. 69 of 2011 for dissolution of her marriage
Patna High Court Cr.Misc. No.33036 of 2012 dt.10-05-2017

3/4

under Section 13B of the Hindu Marriage Act. The matrimonial

dispute was referred to the Conciliation Centre where both parties

entered into a compromise and they decided to dissolve the matter,

subject to payment of Rs. 7 lacs by the O.P. No. 2 to the complainant.

The marriage of petitioner no. 2 (husband) and O.P. No. 2

(complainant) was to be dissolved on payment of the said amount.

The petitioner no. 2 (husband) deposited an amount of Rs. 2 lacs and

the same was received by the complainant. He further deposited Rs.

2 lacs and 3 lacs as second and third installments. The complainant

after receiving third installments has started demanding more money

to the tune of Rs. 18 lacs towards the expenses of the marriage. In the

above background, learned counsel for the petitioners submitted that

the complainant in order to harass the petitioners has lodged the

present case. The order taking cognizance and issuance of summons

is against the materials on record and so the same is fit to be quashed.

5. The Learned APP, on the other hand, opposed the submissions

by submitting that there are sufficient materials on record to proceed

against the petitioners and the court below has rightly taken

cognizance and ordered for issuance of summons.

6. On perusal of complaint petition and documents on record, I

find that the main allegation of torture in connection with demand of

READ  C vs H on 4 July, 2012

money is against the petitioner no. 2 (husband). The husband since

the first day of his marriage, started torturing and neglecting the
Patna High Court Cr.Misc. No.33036 of 2012 dt.10-05-2017

4/4

complainant. She has further asserted that her husband demanded

money from her family members. During the stay of complainant at

matrimonial house, he used to torture her. Her husband assaulted and

also threatened to commit her murder. The allegation of torture is

general and omnibus against the other petitioners who are in-laws of

the complainant.

7. Accordingly, the order dated 07.01.2011 passed by the Chief

Judicial Magistrate, Bhagalpur in Akbarnagar P.S. Case No. 45 of

2010 so far petitioner nos. 1 (Jai Prakash Jha), 3 (Shailaja Jha), 4

(Sweety) and 5 (Ashish Kumar) are concerned is set aside and this

application to this extent is allowed. However, prosecution with

respect to petitioner no. 2 (husband) will continue before the court

below.

(Sanjay Kumar, J)

rohit/-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 12.05.2017
Transmission 12.05.2017
Date

Leave a Comment

Your email address will not be published. Required fields are marked *