IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.233 of 2019
Arising Out of PS. Case No.-91 Year-2015 Thana- CHAKIA District- East Champaran
1. GEETA DEVI @ GEETA SINGH, aged about 57 years, female by Gender,
Wife of Sri Aurbind Singh @ Arvind Kumar Singh
2. Aurbind Singh @ Arvind Kumar Singh, aged about 60 years, Male by
Gender, Son of Late Kamla Prasad Singh,
Both Residents of C-87, Chandralok Colony, Kapurthala, Police Station
-Aliganj, District-Lucknow (Uttar Pradesh)
3. Abhinav Deep @ Avinav Deep, aged about 42 years, Male by Gender, Son
of Sri Dinesh Prasad Singh,
4. Shalini Singh, aged about 36 years, Female by gender, Wife of Avinav Deep,
Both Resident of Ratan Nagar, Karol Bagh, Police Station-Karol Bagh,
District-New Delhi, New Delhi
5. Aparjeet Pandey @ Aparimit Pandey, aged about 32 years, Male by Gender,
Son of Dr. Subodh Kumar Pandey,
6. Shifali Singh @ Shefali Pandey, aged about 33 years, Female by Gender,
Wife of Sri Aparimit Pandey,
Both Resident of 496/114, Chhotachanganj, Nirala Nagar, Police Station-
Daliganj, District-Lucknow, Uttar Pradesh
7. Rakesh Singh @ Rakesh Kumar Singh, aged about 40 years, Male by
Gender, Son of Sri Vijay Singh, Resident of Marhaura, Police Station-
Marhaura, District-Saran (Bihar)
8. Rajan Singh @ Ranjan Kumar Singh, aged about 35 years, Son of Sri
Nagendra Singh, Resident of Village – Bansdih, Police Station- Garkha,
District-Saran (Bihar)
… … Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Nalini Gautam, Wife of Sri Kunal Singh, Daughter of Sri Mukul Singh,
Resident of Village-Sugar Mill Quarter, Madhuban Road, P.S.-Chakia,
District-East Champaran (Bihar)
… … Respondent/s
Appearance :
For the Petitioner/s : Mr.Saket Gupta
Patna High Court CR. REV. No.233 of 2019 dt.26-03-2019
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For the Respondent/s : Mr.Ashok Kumar
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
Date : 26-03-2019
Heard parties.
This criminal revision application has been filed
for setting aside the order dated 31.03.2019 passed in Trial
No.2146 of 2018 arising out of Chakia Police Station Case
No.91 of 2015 by which learned Additional Chief Judicial
Magistrate, XIII, East Champaran has issued bailable warrant
against petitioners without receiving the report of the earlier
process.
Prosecution case in brief is that on 01.12.2014,
marriage was solemnized between Nalini Gautam (Opposite
Party No.2) and Kunal Singh (accused) as per Hindu rites and
rituals. It is alleged by opposite party no.2 (informant) that after
marriage, she was harassed and tortured for non-fulfillment of
demand of dowry and on such written complaint, Chakia P.S.
Case No.91 of 2015 was registered against petitioners and other
under Sections 498A, 307 read with 34 of the Indian Penal Code
and Sections 3 and 4 of the Dowry Prohibition Act. After
investigation police submitted charge-sheet against petitioners
and another.
Cognizance against petitioners for offences
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punishable under Sections 498A, 307 read with 34 of the Indian
Penal Code and Sections ¾ of the Dowry Prohibition Act was
taken by order dated 27.01.2018 and summons were issued
against petitioners for their appearance.
It has been submitted that without waiting for
service report, the trial court issued bailable warrant against
them, although no summons were ever served upon them as no
service report was submitted in the court below. It has further
been submitted that all accused petitioners although belong to
same family but they reside at different places and the court
below has presumed that since there is appearance on part of the
Kunal Singh (accused) as such all other accused petitioners
were also aware of order taking cognizance and issuance of
summons and their appearance on date of trial by the trial court
and, thereafter, issued bailable warrant against them.
In the facts and circumstances of the present case,
as only the trial court has issued summons and, thereafter,
bailable warrant against petitioners were issued for their
appearance before the trial court, the petitioners are directed to
appear before the court below on the date as fixed by the trial
court and trial court will proceed further in the matter in
accordance with law.
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With such observations and directions, this
criminal revision petition stands disposed of.
(S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.04.2019
Transmission Date 12.04.2019