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Ajay Kumar vs The State Of Bihar on 18 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15873 of 2014

Arising out of Complaint Case No.-262-C Year-2010 Thana- WEST CHAMPARAN
COMPLAINT District- West Champaran

Ajay Kumar, Son of Raghav Prasad, Resident of Village – Rampurwa, P.S.-
Malahi, District – East Champaran

… … Petitioner/s
Versus

1. The State of Bihar

2. Gitanjali Devi, wife of Ajay Kumar, Daughter of Bal Kanhaiya Prasad, At-
Mitra Chauck Ganj No. 2, Hospital Road, P.S. Betia Nagar, District- West
Champaran

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mrs. Prem Sheela Pandey, Advocate
For Opposite Party No.2 : Mr. Vipin Kumar, Advocate

CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 18-04-2018

Seeking quashing of an order dated 30th of

November, 2010 passed by the S.D.J.M., Bettiah, West

Champaran in a complaint case bearing No. 262-C of 2010

registered against the applicant under Section 498A I.P.C. read

with Sections 3 and 4 of the Dowry Prohibition Act, this

application has been filed under Section 482Cr.P.C.
Patna High Court Cr.Misc. No.15873 of 2014 dt.18-04-2018
2/3

Complainant-respondent is the wife of the present

applicant and they were married on 25.11.2007. After marriage,

it seems that allegations were made against the applicant for

demand of dowry and harassment. Matrimonial disputes are

pending. The petitioner husband has filed a case for dissolution

of marriage on the ground of adultery, desertion etc. and the

respondent wife has initiated proceedings for maintenance

which is pending in the competent court of jurisdiction in the

State of Bihar. However, in the meanwhile on the account of

demand of dowry and harassment, the application has been filed

and based on the evidence that came on record, cognizance has

been taken.

Now, in this application the allegation made are

that a false complaint has been lodged because the wife was

having illicit relation. A complaint with regard to this was made

and, therefore, to circumvent that complaint, on false allegation,

the present proceedings, have been initiated.

Having heard learned counsel for the parties and on

a perusal of the record, I find that in the complaint and in the

statement of the complainant and her witnesses various

allegations are made with regard to demand of dowry and

harassment and looking to the nature of allegations made in the
Patna High Court Cr.Misc. No.15873 of 2014 dt.18-04-2018
3/3

complaint, it is not a fit case where, exercising the extraordinary

jurisdiction under Section 482 Cr.P.C., at this stage, the

complaint can be dismissed.

Accordingly, granting liberty to the petitioner to

raise all the defence and objections before the trial court, where

the matter is pending, the application stands dismissed.

(Rajendra Menon, CJ)
P.K.P./-

AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 24.04.2018
Transmission Date 24.04.2018

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