IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35683 of 2014
Arising Out of P.S.Case No. -420 Year- 2012 Thana -KANKARBAGH District- PATNA

1. Chandra Shekhar Singh @ Chander Shekhar Singh S/o Late Lakhi Singh

2. Tara Devi W/o Chandra Shekhar Singh

3. Ranjeet Kumar S/o Chandra Shekhar Singh All are Resident of village-
Baksama, P.S.- Goraul, District- Vaishali, At Present Address- Resident at
Kothi No.- 1491, Sector-3, Tagore Road, Ballabhagarh, P.S.- Ballabhagarh
(Sector-8) Faridabad, District- Faridabad (Hariyana)

…. …. Petitioners
Versus

1. The State of Bihar

2. Mamta @ Nitu Kumari W/o Randhir @ Randhir Kumar, D/o Vinod Kumar
Sinha At Present Address- Resident at K.P.-66 Kailashpuri (Malahi Pakari),
P.S.- Kankarbagh, District- Patna

…. …. Opposite Parties

Appearance :

For the Petitioners : Mr. Radha Mohan Pathak, Advocate
For the Opposite Parties : Mr. Dasrath Mehta, APP

CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 18-09-2017

This criminal miscellaneous application under

Section 482 of the Cr.P.C. has been filed to quash the order

dated 16.03.2013 passed by CJM, Patna in G.R.No.4688 of

2012 arising out of Kankarbagh P.S.Case No.420 of 2012

whereby and whereunder the learned CJM finding prima-facie

case for the offence under Sections 498A/34 of the IPC took

cognizance and summoned the petitioners.

2. Heard the learned counsel for the petitioners and

learned APP for the State.

Patna High Court Cr.Misc. No.35683 of 2014 dt.18-09-2017

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3. The petitioners are in-laws of the Opposite Party No.2

against whom, it has been alleged that they immediately after

the marriage of Opposite Party No.2 started torturing her as the

amount given in dowry was not adequate. They asked the

complainant to bring money from her parents for purchasing a

car. They used to pass circasting remarks against the complaint

by saying that she was having black complexion. It further

appears that the family of the complainant had given cash

amount of Rs.11,00000/- through different cheques as well as

cash. Besides that the complaint claims that an amount of

Rs.17,40,000/- was spent in the said marriage. The complaint

petition was sent to the police under Section 156(3) of the

Cr.P.C. on the basis of which the Kankarbagh P.S.Case No.420

of 2012 for the offence under Sections 323, 498A, 504, 406, 384

and 120B of the IPC was registered against these petitioners and

husband of the informant. In course of investigation a large of

witnesses have supported the allegation of demand of money by

these petitioners. The witnesses have stated that all the

petitioners assaulted the informant and ousted her from their

house. The allegation of torture and assault is specific against all

the petitioners. The learned Magistrate has rightly taken

cognizance against all the petitioners. It further appears that the
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court below as per letter no.208 dated 11.09.2017 has reported

that the case is presently running for evidence of prosecution

witnesses.

4. Considering the specific allegation against the

petitioners as regards torture and assault, the order taking

cognizance cannot be said to have been passed in mechanical

manner. As such, the impugned order does not require any

interference.

5. This criminal miscellaneous application is devoid of

merit and is accordingly dismissed.

(Sanjay Kumar, J)

B.Kr./-

AFR/NAFR NAFR
CAV DATE
Uploading Date 22.09.2017
Transmission 22.09.2017
Date