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Chhotan Kumar Sahni vs State Of Bihar And Anr on 10 May, 2019

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.
Patna High Court CR. MISC. No.4399 of 2015 dt.10-05-2019
2/3

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.

Patna High Court CR. MISC. No.4399 of 2015 dt.10-05-2019
3/3

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

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