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Lal Kishore Mandal vs State Of Bihar And Anr on 30 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45450 of 2014
Arising Out of PS. Case No.-1639 Year-2013 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi

1. Sushila Devi Wife of Bhola Mandal

2. Punam Devi Wife of Daya Shankar Mandal

3. Daya Shankar Mandal Son of Late Bhola Mandal

4. Kaushal Kishore Mandal Son of Late Bhola Mandal
All resident of village- Bhandari, P.S.- Belsand, District- Sitamarhi

… … Petitioner/s
Versus

1. The State Of Bihar

2. Rinki Devi Wife of Lal Kishore Mandal and daughter of Arjun Mandal
Resident of village- Dumharpatti, P.S.- Pupri, District- Sitamarhi

… … Opposite Party/s

WITH
CRIMINAL MISCELLANEOUS No. 44455 of 2014
Arising Out of PS. Case No.-1639 Year-2013 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi

Lal Kishore Mandal Son of Late Bhola Mandal R/o Village Bhandari, P.S.
Belsand, District Sitamarhi

… … Petitioner/s
Versus

1. The State Of Bihar

2. Rinki Devi Wife of Lal Kishore Mandal and daughter of Arjun Mandal R/o
Village Dumharpatti, P.S. Pupri, District Sitamarhi

… … Opposite Party/s

Appearance :

(In CRIMINAL MISCELLANEOUS No. 45450 of 2014)
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Md.Ataur Rahman, APP
For the Informant : Mr. Ritesh Kumar Narain Singh, Advocate
Mr. Sujeet Kumar Singh, Advocate
(In both the cases)
(In CRIMINAL MISCELLANEOUS No. 44455 of 2014)
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 30-07-2019
Patna High Court CR. MISC. No.45450 of 2014 dt.30-07-2019
2/3

Heard learned counsel for the parties.

2. Petitioners are husband and relations of the

husband of Opposite Party No.2 Rinki Devi. Rinki Devi had

brought Complaint Case No.C-1/1639 of 2013 against the

petitioners wherein cognizance was taken by the learned Sub-

Divisional Judicial Magistrate, Sadar Sitamarhi, by the

impugned order dated 27.08.2014 for the offences under Section

498A of the Indian Penal Code and Section 4 of the Dowry

Prohibition Act.

3. The matter was sent for settlement of dispute

before the Patna High Court Mediation Committee. However,

settlement could not reach.

4. According to complaint petition, the Opposite

Party No.2 was married with petitioner Lal Kishore Mandal on

10.06.2011. After marriage the accused persons started torture

for different reasons. Petitioner Sushila Devi tortured to

Opposite Party No.2 for not giving birth to any child and all the

accused were asking for rupees two lacs from the father of

Opposite Party No.2 otherwise the husband would be married

with some other lady. There is allegation against all of

commission of abuse and assault.

Patna High Court CR. MISC. No.45450 of 2014 dt.30-07-2019
3/3

5. Submission of learned counsel for the petitioners

is that petitioner Sushila Devi is a widow, aged about 60 years,

and other petitioners, who are brothers of the husband of

Opposite Party No.2 and wife of brother, reside somewhere else.

Moreover, the family of all the brothers have already partitioned

their immovable property and are living separately vide

document of partition at Annexure-3. The Counter case would

reveal that the husband has also lodged a case of theft etc.

against the wife-complainant.

6. The law is well settled that the suggested defence

would be considered at the appropriate stage of trial. At this

stage meticulous appreciation of the evidence and test of

truthfulness of the evidence cannot be gone into.

7. Hence, the aforesaid applications have got no

merit. Accordingly, stand dismissed.

(Birendra Kumar, J)
Mkr./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.08.2019
Transmission Date 01.08.2019

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