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-
DARBHANGA

Md. Juber, son of Md. Kamruddin @ Kamrudin @ Nanhe, resident of village –
Bakhri Salona, P.S.- Bakhari, District – Begusarai
…. …. Petitioner/s
Versus

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

Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate
For the State : Mr. Arbind Kumar Pandey, APP

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 19-03-2018

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

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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)
Md.S./-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 22.03.2018
Transmission 22.03.2018
Date