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Dazy Devi & Anr vs State Of Bihar & Anr on 16 July, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45862 of 2014
Arising Out of PS.Case No. -290 Year- 2013 Thana -PATNA COM PLAINT CASE District-
PATNA

1. Dazy Devi Daughter of Ram Chandra Sharma resident of village – Chandra
Kumar, P.S. – Barbigha, District – Nalanda.

2. Manoj Sharma son of Late Saryug Sharma resident of village – Chandra Kumar,
P.S. – Barbigha, District – Nalanda.

…. …. Petitioners
Versus

1. The State of Bihar.

2. Baby Devi Wife of Manoj Sharma resident of Village – Kona Sarai, P.S. –
Murarpur, District – Nalanda.

…. …. Opposite Parties

Appearance :

For the Petitioners : Mr. Yugal Kishore, Advocate
For the State : Mr. A.M.P. Mehta, APP

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 16-07-2018

Heard learned counsel for the petitioners and the State.

This application has been filed for quashing the order dated

20-01-2014 passed by Sri Ran Vijay Kumar, learned Judicial

Magistrate-Ist Class/A.M.II, Barh in Complaint Case No. 290(C) of

2013, by which, the learned Magistrate after holding inquiry u/S 202

Cr.P.C. has found prima facie against the petitioners for the offence

under Sections-498A 323 of the IPC.

It is alleged in the complaint petition that the complainant

was married with petitioner No. 2 twenty years ago. She was

tortured and was ousted from her matrimonial house, for which, she
Patna High Court Cr.M isc. No.45862 of 2014 dt.16-07-2018

Page 2 of 2

lodged a criminal case bearing Barh P.S. Case No. 298 of 2004

against the petitioners and others wherein both parties have

compromised the dispute and the case was disposed off. It is alleged

that during pendency of the aforesaid case, the petitioner No. 2

stopped the relationship with petitioner No. 1 but after disposal of

the aforesaid case, the petitioner No. 2 kept the petitioner No. 1 in a

rented house and ultimately, brought petitioner No. 1 in his house.

The petitioner No. 2 assaulted the opposite party No. 2 and after

snatching her articles, ornaments etc. turned her out from her

matrimonial house.

The court below has found prima facie case against both

petitioners for offence under Sections 498(A) 323 after holding

an enquiry u/S 202 Cr.P.C.

This court does not find any illegality in the impugned

order. Accordingly, this Cr. Misc. Application is dismissed.

The court below is directed to proceed in the case in

accordance with law.

(Sanjay Priya, J)

A.K.V./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20-07-2018
Transmission 20-07-2018
Date

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