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-
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
1. The State of Bihar.
2. Baby Devi Wife of Manoj Sharma resident of Village – Kona Sarai, P.S. –
Murarpur, District – Nalanda.
…. …. Opposite Parties
For the Petitioners : Mr. Yugal Kishore, Advocate
For the State : Mr. A.M.P. Mehta, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
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
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)
CAV DATE NA
Uploading Date 20-07-2018