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Md. Mumtaj @ Pappu @ Mumtaj Mansuri … vs State Of Bihar And Anr on 10 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5153 of 2016
Arising Out of PS. Case No.-831 Year-2008 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur

1. Md. Mumtaj @ Pappu @ Mumtaj Mansuri, Son of Md. Moinuddin.

2. Mohiuddin Mansuri @ Md. Moinuddin, Son of Late Dost Mohammad.
Both residents of Mohalla-Paras Toli, P.S.-Doranda, District-Ranchi, State-
Jharkhand.

… … Petitioner/s
Versus

1. State Of Bihar.

2. Bibi Nasrin, Wife of Md. Mumtaj, daughter of Taiyab Ali, resident of
Village-Bansitikar, P.O.-Juchow, P.S.-Sabour, District-Bhagalpur, State-Bihar.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr.Ajit Kumar Singh, Adv
For the Opposite Party/s : Mr.Dashrath Mehta, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 10-07-2019
Heard counsel for the parties.

2. Petitioners are accused in Complaint Case No.831 of

2008 brought by opposite party No.2-Bibi Nasrin. By order dated

25.02.2010, the learned court below took cognizance and issued

process against the petitioners to face trial for offence under

Section 498A I.P.C. The petitioners are husband and father-in-law

of opposite party No.2. There is allegation of demand of dowry

and torture for the same since 16.04.2006 till the filing of the

complaint petition. On 16.04.2006 marriage was solemnized on

Dain Mehar of Rs.31,000/-, however, the petitioners and others

started pressurizing against non-fulfillment of dowry demand
Patna High Court CR. MISC. No.5153 of 2016 dt.10-07-2019
2/3

which resulted in torture by the accused person to opposite party

No.2.

3. The challenge is on the ground that before Islahiya

Committee divorce was already affected on 28.04.2008 and the

Committee directed to assess the dain and expenses of the period

of iddat and to pay the same through cheque. Thereafter, the

husband obtained an ex parte decree of divorce on 08.08.2012 in

Matrimonial Suit No.09 of 2007 from the court of learned

Principal Judge, Family Court, Ranchi.

4. Contention is that since there was no relationship of

husband and wife, there cannot be any claim of illegal demand and

torture for the same. Hence, criminal prosecution of the petitioner

is abuse of the process of the court.

5. The petitioners had challenged the cognizance order

in Cr. Revision No.173 of 2010 before the learned District Judge,

Bhagalpur and the matter was heard by learned Additional District

Judge-VI, Bhagalpur who dismissed the revision application

considering the material on the record especially the deposition of

witnesses examined during enquiry under Section 202 Cr.P.C. The

learned Sessions Judge observed that the probable defence cannot

be considered at this stage nor the consideration would be the
Patna High Court CR. MISC. No.5153 of 2016 dt.10-07-2019
3/3

inherent probability appearing in the complaint and the evidences

produced in support of the same.

6. In my view also, grant of ex parte decree of divorce

subsequent to the filing of the complaint case would not

deface/erase the prima facie allegation made in the complaint case.

Hence, this application has got no merit.

7. Accordingly, this application stands dismissed.

(Birendra Kumar, J)

Nitesh/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.07.2019
Transmission Date 13.07.2019

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