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Amna Khatoon & Ors vs State Of Bihar & Anr on 19 September, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3201 of 2016
Arising Out of PS. Case No.-18 Year-2013 Thana- MAHILA P.S. District- Samastipur

1. Amna Khatoon Wife of Late Izharul Haque,

2. Sagufta @ Juli D/o Mazhrul Haque,

3. Mazhrul Haque, Son of Late Izharul Haque,

4. Sabnam Parveen, Wife of Naushad all are resident of village
Ram Bahdrapur, P.S. Kalyanpur, District – Samastipur.

… … Petitioner/s
Versus

1. The State of Bihar.

2. Razia Shahin Nishra, D/o Md. Nurul Hoda, Wife of Md. Jawaid, R/o Village

– Jitwarpur Chhath, P.S. + District – Samastipur.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad
For the Opposite Party/s : Mr. Ram Anurag Singh (App)

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date : 19-09-2018
Heard learned counsel for the petitioners and the State.

This petition has been filed for quashing the order dated

7.5.2015 passed by learned ACJM 1 st Samastipur in Mahila P.S.

Case No. 18/ 2013 by which the learned Magistrate has after

holding enquiry, found prima facie case for the offence under

Sections 498A , 323, 504/34 IPC against petitioners..

In the written report, it is alleged that informant was

married with co accused Javed. She was tortured in her sasural

for demand of dowry. It is further alleged that accused persons

always gave threat to perform second marriage of her husband. It

is further alleged that maike people of the informant gave Rs.

25,000/- cash to the mother-in-law, namely, Amna Khatoon.
Patna High Court Cr.Misc. No.3201 of 2016 dt.19-09-2018
2/3

Thereafter, the accused persons remained quite for few days.

Thereafter, the mother-in-law with her husband again started

torturing the informant physically as well as mentally. It is further

alleged that on 22.8.13 her husband along with her mother- in-

law, namely, Amna Khatoon, snatched all her belongings and

ousted from the house and did now allow her to keep children.

Petitioner nos. 2, 3 and 4 are described in the written

report to be the Gotani, Bhaisur and Nanad. The police after

investigation submitted charge sheet against all the accused

persons and cognizance has been taken against all the accused

persons. This Court, from perusal of the allegation in the

complaint finds that there is specific allegation in the written

report against the husband and mother-in-law.

This Court after looking into the allegation in the

written report does not find any specific overt act against

petitioner nos. 2,3 and 4, who are Gotani, Bhaisur and Nanand of

the informant. Therefore, this court is of the view that

continuance of criminal proceeding against petitioner nos. 2, 3 and

4 will be an abuse of the process of law and harassment to them.

Therefore, the impugned order dated 7.5.2015 passed

by learned ACJM 1st Samastipur in Mahila P.S. case no. 18/ 2013

along with entire criminal prosecution with regard to petitioner

nos. 2,3 and 4 is hereby quashed.

Patna High Court Cr.Misc. No.3201 of 2016 dt.19-09-2018
3/3

So far petitioner no.1 is concerned , she is mother-in-

law of the of the informant. There is specific allegation of overt

act in the written report against petitioner no.1.

This Court does not find any illegality in the impugned

order dated 7.5.2015 passed by learned ACJM 1 st Samastipur in

Mahila P.S. Case No. 18/ 2013 with regard to petitioner no.1,

Accordingly, this petition with regard to petitioner no.1 is

dismissed.

The court below will proceed against petitioner no.1 in

accordance with law.

The petitioner No.1 is given liberty to raise all the

points, as raised in the present application, at the time of framing

of charge, which shall be considered and disposed off by the

learned court below in accordance with law without being

prejudiced by this order.

This Cr. Misc. petition is allowed in part.

(Sanjay Priya, J)
shyambihari/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.9.2018
Transmission Date 25.9.2018

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