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Anand Mohan Jha vs The State Of Bihar on 9 January, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87322 of 2019
Arising Out of PS. Case No.-9 Year-2018 Thana- MAHILA P.S. District- Lakhisarai

1. ANAND MOHAN JHA Son of Dil Mohan Jha Resident of Mohalla- 1/84,
Shakti Nagar, Near 132/33 KV Grid Sub-Station, At and P.O.- Polytechnic,
P.S.- Maranga, District- Purnea, Pin- 854303, at present resident of Mohalla-
Bihar State Electric Road Colony, E-7, (Old Shastrinagar, P.S.- Shastrinagar,
District- Patna- 800023.

2. Dil Mohan Jha Son of Late Bhola Jha Resident of Mohalla- 1/84, Shakti
Nagar, Near 132/33 KV Grid Sub-Station, At and P.O.- Polytechnic, P.S.-
Maranga, District- Purnea, Pin- 854303, at present resident of Mohalla-
Bihar State Electric Road Colony, E-7, (Old Shastrinagar, P.S.-
Shastrinagar, District- Patna- 800023.

3. Yasoda Devi Wife of Dil Mohan Jha Resident of Mohalla- 1/84, Shakti
Nagar, Near 132/33 KV Grid Sub-Station, At and P.O.- Polytechnic, P.S.-
Maranga, District- Purnea, Pin- 854303, at present resident of Mohalla-
Bihar State Electric Road Colony, E-7, (Old Shastrinagar, P. S.-
Shastrinagar, District- Patna- 800023.

4. Tejendra Mohan Jha Son of Dil Mohan Jha Resident of Mohalla- 1/84,
Shakti Nagar, Near 132/33 KV Grid Sub-Station, At and P.O.- Polytechnic,
P.S.- Maranga, District- Purnea, Pin- 854303, at present resident of Mohalla-
Bihar State Electric Road Colony, E-7, (Old Shastrinagar, P. S.-Shastrinagar,
District- Patna- 800023.

… … Petitioner/s
Versus

1. THE STATE OF BIHAR

2. Vandana Jha D/o- Late Sadhan Jha, Wife of Anand Mohan Jha Resident of
Village and P. S.- Barahiya, District- Lakhisarai.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr.Ramakant Sharma Sr. Adv. with Mr. Laxmikant
Sharma, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 09-01-2020
Heard learned Sr. counsel for the petitioners and learned

APP for the State.

The instant petition, under Section 482 of the Code of

Criminal Procedure, 1973 (for short ‘the Code’), has been filed
Patna High Court CR. MISC. No.87322 of 2019 dt.09-01-2020
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for quashing the order dated 02.11.2018, passed by learned Sub

Divisional Judicial Magistrate, Lakhisarai in Lakhisarai G. R.

No. 404 of 2018, arising out of Mahila P. S. Case No. 09 of

2018, by which the learned Court below has taken cognizance

against the petitioners for the offence under Sections 498A, 504

and 506 of the Indian Penal Code and Section 3/4 of the Dowry

Prohibition Act.

Learned counsel for the petitioners submits that

petitioner are husband, father-in-law, mother-in-law and

‘Dewar’ of informant respectively. The complaint has been filed

by the complainant alleging offence under Sections 498A of the

Indian Penal Code and Sections 504 and 506 of the Indian Penal

Code, read with Section ¾ of the Dowry Prohibition Act.

The learned Sr. counsel submits that the complaint is a

glaring example of malicious prosecution. The husband, in fact,

is the victim as the complainant has been creating troubles in the

family of the husband ever since the wedding took place. The

petitioner No.1, in this respect have also lodged a informatory

petition before the Sub Divisional Judicial Magistrate Patna, the

same is annexed as Annexure-3 to the petition. It is further

submitted that the petitioner no.1 in the informatory petition

has clearly stated about the chance of false implication in a
Patna High Court CR. MISC. No.87322 of 2019 dt.09-01-2020
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criminal case. In the circumstances, the prosecution arising out

of complaint case no. 129C/2018 is a glaring example of

prosecution intended with mala fide and is liable to be quashed

u/s 482 of the Code. Learned Sr. counsel further submits that the

petitioner is willing to provide alimony to the complainant. The

issue regarding the alimony is an issue which is to be raised by

the petitioners in the appropriate proceeding. The present

concern of the Court is in respect of the allegations levelled by

the wife of petitioner No.1 in the complaint case.

On going through the complaint petition, this Court

would observe that it is not one of those cases where general

and omnibus allegation has been levelled against all the in-laws.

In the instant complaint, specific allegations have been made

against the Dewar of trying to take undue advantage of the

distance between the complainant and her husband. The specific

allegations have been levelled in paragraph Nos. 6,7, 8 and 9 of

the complaint petition even against the father-in-law and

mother-in-law of subjecting the complainant to cruelty.

In such circumstances, no case is made out for

interference U/s 482 of the Code. The application is devoid of

merit and the same is, accordingly, dismissed.

If the petitioners approach the Court below at the
Patna High Court CR. MISC. No.87322 of 2019 dt.09-01-2020
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appropriate stage, petitioner’s application for discharge or

otherwise shall be considered without being prejudiced by

rejection of the instant petition, in accordance with law.

(Madhuresh Prasad, J)
shyambihari/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 13.01.2020
Transmission Date 13.01.2020

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