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Nandlal Singh & Ors vs State Of Bihar & Anr on 25 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1827 of 2016
Arising Out of PS. Case No.-2456 Year-2012 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran

1. Nandlal Singh S/o Late Ramadya Singh

2. Bhagya Narain Singh S/o Nandlal Singh

3. Seema Devi W/o Bhagya Narain Singh All R/o village –
Barharwa, P.S. Motihari Muffasil, District – East Champaran

… … Petitioner/s
Versus

1. The State of Bihar

2. Rina Devi W/o Late Tej Narayan Singh, D/o Late Dilip Singh R/o village –
Budwa Rohiniya, P.S. Banjariya, District – East Champaran

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Patanjali Rishi, APP

CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 25-04-2018

Seeking quashing of a criminal complaint registered

against the applicant for offence under Section 498A of I.P.C. in T.

R. No.4077 of 2015, arising out of Complaint Case No.2456 of

2007 by the Chief Judicial Magistrate, Motihari, East Champaran,

this application has been filed under Section 482 of Cr.P.C.

Applicants herein are the parents and sister of late Tej

Narayan Singh. The complainant respondent Rina Devi was

married to Tej Narayan Singh on 10.6.2011 and it is said that at the

time of marriage various house-hold items and gifts to the tune of

Rs.2,50,000/- were given. Demanding dowry, the family started
Patna High Court Cr.Misc. No.1827 of 2016 dt.25-04-2018
2/3

harassing the complainant. However, her husband always protested

to the same and protected her. It is said that both the complainant

and her husband were tortured by the family members. As a

consequence thereof her husband died. After the death of her

husband, the accused persons regularly tortured her and one day

they snatched her belongings, abused her and threw the

complainant out of the house while she was still pregnant.

Based on the aforesaid, the complaint has been

registered and pleading false allegation and accusation, this

application has been filed for quashing the complaint case and the

cognizance taken.

Having heard learned counsel for the parties and on a

perusal of the complaint and the statement of the complainant

recorded by the trial court, it is clear that the marriage took place

on 10.6.2011 and after the death of her husband on 1.6.2012,

specific allegations are made with regard to throwing out the

complainant, who was pregnant at that point of time, from her

house at around 10:00 a.m. after snatching away all her belongings

and assaulting her.

It is after taking note of these factors that the complaint

has been abused and tortured and thrown out of her house after the

death of her husband in 2012 that the cognizance in the matter has
Patna High Court Cr.Misc. No.1827 of 2016 dt.25-04-2018
3/3

been taken. Keeping in view the specific allegations made which

are available on record, at this stage in exercise of the

extraordinary jurisdiction available to this Court under Section 482

of Cr.P.C., no case is made out for interference into the matter.

Accordingly, finding no ground for interference, the

application is dismissed.

(Rajendra Menon, CJ)

K.C.Jha/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 02.05.2018
Transmission Date

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