IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4399 of 2015
Arising Out of PS. Case No.-2 Year-2014 Thana- GORAUL District- Vaishali
Chhotan Kumar Sahni Son of Babulal Sahni, Resident of Vill- Hirapur, P.S-
Paro, Distt.-Muzaffarpur.
… … Petitioner/s
Versus
1. The State of Bihar
2. Veena Kumari Wife of Chhotan Kumar Sahni, D/O- Dudhnath Sahni
Resident of vill-Kabilapur, P.S-Goural (Kathara O.P) Distt.-Vaishali
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the O. P. No. 2 : Mr. Anil Kumar with
Mrs. Kanchan Kumari, Advocates
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 10-05-2019
Heard learned counsel for the petitioner; learned APP for
the State and learned counsel for the opposite party no. 2.
2. The petitioner has moved the Court under Section 482
of the Code of Criminal Procedure, 1973 for the following relief:
“That this application is being filed for quashing the
order dated 24.12.2014 passed Goraul (Kathara O.P)
P.S. Case No-2/2004 by Ld. SDJM Vaishali at Hajipur
in G.R. No.75/14/Tr. No. 6126/14 arising out of.
Goraul (Kathara O.P) P.S. Case No. 2/2014 whereby
and whereunder the Ld. SDJM took cognizance against
the petitioner and others for the offence u/s 498A/34 of
the SectionIPC and 3/4 of D.P Act.”
3. The allegation against the petitioner is of demand of
dowry, assault, torture and snatching away of her belongings.
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4. Learned counsel for the petitioner submitted that the
so called marriage of the petitioner to the opposite party no. 2 was
after abducting him which itself is illegal. It was submitted that he
was already married from before, and thus, there was no occasion
for him to marry for the second time and further that the marriage
having been performed in a temple, there is no proof with regard
to any such event having taken place. Learned counsel further
submitted that even the wife of the petitioner, who is the only
legally married wife, has given an affidavit with regard to such
fact.
5. Learned APP and learned counsel for the opposite
party no. 2 submitted that all defence and points taken by the
petitioner in the present application can be looked into only at the
time of trial since to prove such defence, materials have to be
brought on record and evidence adduced to prove such material,
both with regard to there being abduction and forcible marriage
and that the petitioner was married from before and also that no
marriage took place in the temple.
6. 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.
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7. As has rightly been submitted by learned APP and
learned counsel for the opposite party no. 2, all points argued
before the Court and taken in the present application are matters of
trial which this Court is not in a position to go into and arrive at a
categorical finding. Thus, the only remedy available to the
petitioner is of getting his innocence proved during trial where he
shall have full opportunity with regard to bringing on record
materials in his favour and also witnesses to support such
contention.
8. Accordingly, the application stands dismissed.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T