SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Arun Kumar Singh & Ors vs State Of Bihar & Anr on 23 March, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29007 of 2015
Arising Out of PS.Case No. -3621 Year- 2014 Thana -SARAN COMPLAINT CASE District-
SARAN

1. Arun Kumar Singh S/o Late Mahadev Prasad Singh

2. Indu Devi @ Indu Singh W/o Arun Kumar Singh Both residents of Quarter No.
1288, P.S. Bokaro Steel Plant, District- Bokaro

3. Akansha Singh D/o Arun Kumar Singh, r/o Quarter No. 1288, P.S. Bokaro Stee l
Plant, District- Bokaro, At present W/o Dr. Sumit Anand, R/o Flat No. B-3, Prapti
Apartment, Naktala, P.S.- Jadopur, District- Kolkata

4. Namrata Singh, D/o Arun Kumar Singh, r/o Quarter No. 1288, P.S. Bokaro Stee l
Plant, District- Bokaro, At present W/o Kundan Kumar Singh R/o village Dabura
Khurd P.S.- Aurangabad (M), District- Aurangabad

…. …. Petitioner/s
Versus

1. The State of Bihar

2. Purwa Singh, W/o Vikrant Priyadarshi R/o village Bhawani Gachi, Dumar i
Bazar, P.S. Dumaria, District- Motihari, at present D/o Arun Kumar Singh, R/o o f
village Bhuily, P.S.- Ekma, District- Saran at Chapra

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh
For the State : Mr. Ajay Kumar I
For Opp Party No. 2 : Mr. Devendra Narayan Singh

CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date: 23-03-2018

Challenging the order dated 15.06.2015 passed by the

learned Judicial Magistrate 1st Class, Saran at Chapra, in Complaint

Case No. 3621/2014, Trial No. 5129/2015 for offence under Section

323 and 498A/34 IPC against all the applicants, this application has

been filed under Section 482 CrPC.

The complainant was married to one Vikrant Priyadarshi,

son of respondent nos. 1 and 2, and brother of respondent nos. 3 and
Patna High Court Cr.M isc. No.29007 of 2015 dt.23-03-2018

2/4

4. Respondent nos. 3 and 4 after their marriage are said to be living

separately. Making general allegation about demand of dowry on all

the four applicants and her husband Vikrant Priyadarshi with whom

she was married on 7.3.2014, the complainant filed the complaint

case and in the complaint which is available from page-12, a very

short complaint about ten paragraphs general and omnibus allegation

with regard to demand of dowry is made. It is only stated that the

respondents were demanding dowry and gift inspite of the fact that

more than Rs.10 lakhs was paid at the time of marriage and

ornaments with other gifts of Rs.8 lakhs were also given.

Accordingly, general allegations are made that the applicants and

their family members are demanding Rs.5 lakhs as dowry. Even

though specific allegations are made against the husband in the

complaint no allegation specific in nature is made against the

applicants. Neither the date, time or the place where such demands

were made are indicated in the body of the complaint. Merely based

on the general and omnibus allegation the complaint has been made.

From the material that has come on record it is seen that the

complainant is staying with her husband who is working as an

Electrical Engineer and is posted in Bhagalpur district. Applicant

nos. 1 and 2 who are the father-in-law and mother-in-law of the

complainant. They were staying in Bokaro as the applicant no.1 was
Patna High Court Cr.M isc. No.29007 of 2015 dt.23-03-2018

3/4

an Assistant Manager in Bokaro Steel Plant, now in the State of

Jharkhand and applicant no. 3 is married and is staying with her

husband in Kolkata and applicant no. 4 is also married and staying

with her husband in some other place. That being so, with regard to

the allegations made by the complainant against the four petitioners

herein there has to be specific averments as to how, when and where

they demanded dowry and harassed her. On a complete reading of

the complaint and the statements of CW 1 Arun Kumar Singh, father

of the complainant, CW 2 K K Singh, maternal uncle of the

complainant and CW 3 Chitranjan Kumar Singh, uncle of the

complainant, it is seen that vague and omnibus allegations are made

without indicating any specific detail pertaining to the date, time and

place where these offences of demand of dowry and harassment

were made. Except for the fact that certain specific allegations are

available against the husband Vikrant Priyadarshi who is not a party

in the proceeding, with regard to the four applicants general

allegations have been made. Based on these general allegations and

the law laid down by the Supreme Court in the case of Gian Singh

vs. State of Punjab [(2012) 10 SCC 303], I am of the considered

view that no offence against the present applicants are made out for

the purpose of taking cognizance against them. It is a case where on

a bare reading of the complaint that has come on record against the
Patna High Court Cr.M isc. No.29007 of 2015 dt.23-03-2018

4/4

present four applicants no offence is made out and, therefore, it is a

fit case where this application should be allowed and the complaint

in so far as it pertains to the four applicants should be quashed.

Accordingly, this application is allowed, order dated

15.06.2015 passed in Complaint Case No. 3621 of 2014/ Trial

No.5129 of 2015 against the present four applicants are quashed.

The application stands allowed.

The trial court can proceed in the matter only against the

remaining accused except the four applicants herein.

(Rajendra Menon, CJ)

mrl./-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 27.03.2018
Transmission 27.03.2018
Date

Leave a Reply

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

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation