IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4748 of 2017
Arising Out of PS.Case No. -468 Year- 2016 Thana -DARBHANGA COMPLAINT CASE District-
Md. Juber, son of Md. Kamruddin @ Kamrudin @ Nanhe, resident of village –
Bakhri Salona, P.S.- Bakhari, District – Begusarai
…. …. Petitioner/s
1. The State of Bihar
2. Dilkash Praveen, wife of Md. Juber, daughter of Md. Hasan, resident of village-
Narsare, Bishanpur, P.S.- Bishanpur, District – Darbhanga
…. …. Opposite Party/s
For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate
For the State : Mr. Arbind Kumar Pandey, APP
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
This application under Section 482 of the Code of Criminal
Procedure (for short ‘the Cr.P.C.’) has has been filed by the petitioner
for quashing the order dated 08.12.2016 passed by the learned Sub
Divisional Judicial Magistrate, Darbhanga in Complaint Case No.468
of 2016 by which finding a prima facie case under Section 498A read
with Section 34 of the Indian Penal Code and Sections 3 and 4 of the
Dowry Prohibition Act to be made out, the petitioner has been
summoned to face trial.
2. On perusal of the complaint, it would be manifest that the
complainant has alleged that after marriage she was subjected to
cruelty in her matrimonial home for non-fulfillment of demand of
rupees twenty five thousand in cash and a motorcycle. She has alleged
Patna High Court Cr.M isc. No.4748 of 2017 dt.19-03-2018
that repeatedly she was being assaulted by the petitioner, who is her
husband, and twice he ousted her out of matrimonial home. The
complainant and the witnesses have supported the allegations in
course of enquiry conducted under Section 202 of the Cr.P.C.
3. In that view of the matter, I see no illegality in the order
dated 08.12.2016 whereby the petitioner has been summoned to face
trial after finding a prima facie case to be made out under Section
498A read with Section 34 of the Indian Penal Code and Sections 3
and 4 of the Dowry Prohibition Act.
4. The application is dismissed, accordingly.
(Ashwani Kumar Singh, J)
CAV DATE N.A.
Uploading Date 22.03.2018