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Deep Narayan Singh vs State Of Bihar & Anr on 4 September, 2017

Criminal Miscellaneous No.44051 of 2014
Arising Out of P.S.Case No. -205 Year- 2006 Thana -SARAN COMPLAINT CASE District-

Deep Narayan Singh S/O Late Ram Nath Singh resident of village- Atanager, P.S.
Isuwapur, Distt- Saran at Chapra

…. …. Petitioner

1. The State of Bihar

2. Manisha Devi W/o Deep Narayan Singh D/o Rajdeo Singh resident of village-
Atanager, P.S. Issuapur, Distt- Saran at Chapra

…. …. Opposite Parties

Appearance :

For the Petitioner : Mr. Vijay Kumar, Advocate
For the Opposite Party : Mr. Nand Kishore Prasad, APP

Date: 04-09-2017
This application under Section 482 of the Cr.P.C. has been

filed to quash the order dated 22.07.2006 passed by learned SDJM,

Saran at Chapra in Trial No.3762 of 2006 arising out of Complaint

Case No.205 of 2006 whereunder the learned Magistrate took

cognizance of offence under Sections 498A, 323 and 494 of the IPC

against the petitioner and summoned him to face the trial.

2. Heard and perused the record.

3. The Opposite Party No.2 has filed a complaint case on the

file of CJM alleging inter-alia that her marriage with this petitioner

took place on 24.06.2002. After two months of her marriage, her

husband and in-laws started demanding Rs.50,000/- for starting

business and a colour television. Her husband and her in-laws used to

torture her on account of non-fulfilment of said demand. The husband

subsequently married another lady and ousted her from the
Patna High Court Cr.Misc. No.44051 of 2014 dt.04-09-2017


matrimonial house. It has been alleged that her husband and in-laws

took signature of Opposite Party No.2 on the blank paper. He further

submits that after the alleged occurrence of assault, a compromise was

entered into by the parties and the petitioner agreed to keep the

complainant and his second wife with full honour and dignity. The

learned Magistrate has passed the impugned order in mechanical

manner and so the impugned order is fit to be quashed.

4. Learned APP opposed the submissions.

5. On perusal of complaint petition and impugned order, I

find that this petitioner is the husband of Opposite Party No.2 and

specific allegation is that on account of non-fulfilment of demand of

Rs.50,000/- and other articles he tortured the Opposite Party No.2.

This petitioner married another lady and subsequently the

complainant was ousted from her matrimonial house. The learned

Magistrate finding sufficient material has rightly taken cognizance

against the petitioner under the aforesaid Sections.

6. In the facts and circumstances stated above, I do not find

any illegality in the impugned order. Accordingly, this application is


(Sanjay Kumar, J)


Uploading Date 08.09.2017
Transmission 08.09.2017

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