IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3372 of 2016
Arising Out of PS. Case No.-942 Year-2008 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
Amita Srivastava @ Smt. Anita Srivastava wife of Krishan Murari Lal
srivastava, Resident of Missir Bazar, Behind the Rai Shabka, Hotel Missir
Bazar, Gazipur, Police Station – Kotwali, Gazipur, District Gazipur(U.P)
… … Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Srivastava daughter of Shchindra Nath Srivastava Mohalla-
Awadhesh Aabha Niwas, Behind CMC Kaliasthan, Sasaram, District Rohtas.
… … Opposite Party/s
with
Criminal Miscellaneous No. 8053 of 2016
Arising Out of PS. Case No.-942 Year-2008 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
Bipin Bihari Lal son of Late Ujagir Prasad resident of Missir Bazar, behind
the Rai Shabka Hotel, Missir Bazar, Gazipur, Police Station Kotwali, Gazipur,
District Gazipur (U.P.).
… … Petitioner/s
Versus
1. The State of Bihar.
2. Priyanka Srivastava daughter of Sachindra Nath Srivastava mohalla
Awadhesh Aabha Niwas, behind CMC Kaliasthan, Sasaram, District Rohtas.
… … Opposite Party/s
Appearance :
(In Criminal Miscellaneous No. 3372 of 2016)
For the Petitioner/s : Mr. Prabhat Kumar with
Mrs. Kanak Verma, Advocates
For the State : Mr. Jharkhandi Upadhyay, APP
For the Complainant : Mr. Purushottam Kumar Jha with
Mr. Avanindra Kumar Jha, Advocates
(In Criminal Miscellaneous No. 8053 of 2016)
For the Petitioner/s : Mr. Prabhat Kumar with
Mrs. Kanak Verma, Advocates
For the State : Mr. Jharkhandi Upadhyay, APP
For the Complainant : Mr. Purushottam Kumar Jha with
Mr. Avanindra Kumar Jha, Advocates
Patna High Court Cr.Misc. No.3372 of 2016 dt.07-01-2019
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 07-01-2019
Heard learned counsel for the petitioners; learned
A.P.Ps. for the State and learned counsel for the opposite party no.
2. The petitioners and opposite party no. 2 are also present.
2. The petitioners have moved the Court under Section
482 of the Code of Criminal Procedure, 1973 for the following
relief:
“That this applications being filed for invoking the
inherent power of this Hon’ble High Court for
quashing the order dated 22.10.2008 in complaint
case No. 942 of 2008 passed by the Learned Sub-
Divisional Judicial Magistrate, Sasaram in
Complain Case No. 942 of 2008 by which the
learned Sub-Divisional Judicial Magistrate is
pleased to take cognizance for the offences under
Section 498 (A) of the Indian Penal Code and ¾
D.P. Act against the petitioner along with others.”
3. The petitioner of Cr. Misc. No. 8053 of 2016 is
the husband of the opposite party no. 2 whereas the petitioner
of Cr. Misc. No. 3372 of 2016 is the wife of the elder brother
of the petitioner of Cr. Misc. No. 8053 of 2016.
4. The allegations against them and three other
members of their family is of torture and demand of dowry and
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specifically with regard to the present petitioners that they had
illicit relationship.
5. Learned counsel for the petitioners submitted that
it is the opposite party no. 2, who had deserted her husband
and only for a brief period, she resided with the husband at
Mumbai but when the husband took transfer to his native
place, i.e., Gazipur in Uttar Pradesh, she has not been living
with him. Learned counsel submitted that after such
allegations were levelled, the husband got an official residence
allotted to him but even then the opposite party no. 2 did not
reside in the residence and, thus, he has tried his best for her to
come back. Learned counsel submitted that in Maintenance
Case No. 25 of 2009 filed by the opposite party no. 2 against
the husband, before the Principal Judge, Family Court, Rohtas
at Sasaram, the court had recorded that the opposite party no. 2
during reconciliation had refused to go with her husband. It
was submitted that in the maintenance case, the husband is
paying Rs. 3,000/- per month to the opposite party no. 2.
Learned counsel submitted that one of the petitioners is also a
lady. Learned counsel submitted that the mother of opposite
party no. 2 had filed a complaint before the State Commission
for Women, Uttar Pradesh at Lucknow in which the petitioner
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had given a written reply that she had no complain against her
family members.
6. Learned A.P.P. and learned counsel for the
opposite party no. 2 submitted that the entire family of her
husband, except for the mother-in-law, used to torture her with
regard to dowry and also physically assaulted her. It was
submitted that soon after marriage the opposite party no. 2
could understand the illicit relationship between the two
petitioners and because of her objection, torture started.
Learned counsel further submitted that there is a documented
long and uninterrupted sequence of torture right from the very
beginning which would be clear from the fact that after
sometime, when the husband was transferred to Kandla in
Gujarat, things were also not very good but because the
husband was not in the company of the other petitioner, she
was living with him. It was submitted that the husband,
thereafter managed to get his transfer to Gazipur, i.e. his home
city, and even left for joining without taking the petitioner and
her three years old son and she had to write to the local
Superintendent of Police to permit her to go home after
locking the house. It was submitted that even otherwise she
had filed a petition before the local police that if anything
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untoward happened to her or her son, the accused should be
held responsible. Learned counsel submitted that the husband
even when he went to Mumbai tortured her and every time
there was demand for money as a pre-condition for taking her
back. Learned counsel submitted that in the case filed by the
opposite party no. 2 against the accused with regard to return
of stridhan as well as Rs. 6,00,000/- taken by way of Rs.
5,75,000/- through cheque and Rs. 25,000/- in cash, the
Sessions Judge, Rohtas at Sasaram had recorded in the year
2012 that the opposite party no. 2 was ready to go to the
matrimonial home but the husband had flatly refused to take
her. Learned counsel submitted that as far as the stand taken
before the State Commission for Women, Uttar Pradesh, the
same was only with the intention of not making matters worse
and leaving scope of reconciliation and further that the same is
only cryptic. It was submitted that the same, thus, cannot be
said to be a true reflection of the real torture which the
opposite party no. 2 has been made to suffer at the hands of the
petitioners and their other family members. Learned counsel
submitted that even from Kandla, the opposite party no. 2 had
written letters to her brother which have also been produced
before the court below, which goes to show that regularly there
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was demand of dowry and torture. Learned counsel for the
opposite party no. 2 further drew the attention of the Court to
specific paragraphs in the complaint where at paragraphs no. 6,
9, 11, 12, 13 and 14 the sequence of chain of events with
regard to torture and demand of dowry have been mentioned
and it has also been specifically stated that there was illicit
relationship between the petitioners and that she was made to
suffer both physically and mentally by the accused.
7. At this stage, when the Court put a direct query to
both learned counsel for the petitioners and the opposite party
no. 2, in the presence of the parties, learned counsel for the
petitioners took a categorical stand that the opposite party no.
2 would not be taken back in the matrimonial home. However,
learned counsel for the opposite party no. 2 and the opposite
party no. 2 submitted that she was ready to go and live with
the husband. On a further query as to how and why she now
wants to go and live with the husband when regularly and
continuously he used to harass and torture her, she submitted
that from the year 2016 the petitioner is no more living in the
Gazipur and presently posted in Kolkata and further, taking
into account the future and career of the son, who is now 14
years old, she has taken a conscious decision to go and live in
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the matrimonial home along with the husband and moreover,
now the son being 14 years of age, she is confident that he
shall act as her protector.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, the
Court does not find any merit in the present application. From
the materials on record before this Court and the court below,
it is apparent that the same are sufficient for the Court to take
cognizance of offence under Section 498A of the Indian Penal
Code warranting a full-fledged trial. Thus, at present, the order
taking cognizance being under challenge, in the considered
opinion of the Court, does not require to be interfered with.
9. Accordingly, the applications stand dismissed.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T