IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18854 of 2017
Arising Out of PS.Case No. -341 Year- 2015 Thana -BUDDHACOLONY District- PATNA
1. Nitish Kumar @ Bablu son of Bhupendra Singh
2. Bhupendra Singh son of Late Akhilanand Singh
3. Minta Devi wife of Bhupendra Singh
All are residents of village- Vyapur, P.S. Maner, District- Patna.
…. …. Petitioner/s
Versus
1. The State of Bihar.
2. Sabita Kumari daughter of Hari Narayan Rai at present residing at Dewanti
Bhawan Dujara Pahalwan Ghat, P.S.- Budha Colony, District- Patna.
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the State : Mr. Ramchandra Singh, APP
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 20-11-2017
This application under Section 482 of the Code of Criminal
Procedure (for short ‘the CrPC’) has been filed by the petitioners for
quashing the order dated 09.11.2016 passed by the learned Judicial
Magistrate, 1st Class, Patna in G.R. No.9048 of 2015 (Tr. No.2900 of
2007) arising out of Budha Colony P.S. Case No.341 of 2015
whereby and whereunder the learned Magistrate has summoned the
petitioners to face trial for the offences punishable under Sections
341, 323, 498A, 504 and 506 read with Section 34 of the Indian Penal
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Code (for short ‘the ‘IPC’) and Sections 3 and 4 for the Dowry
Prohibition Act (for short ‘the D.P.Act’).
2. From perusal of the First Information Report (for short
‘the FIR’) it would be manifest that the informant has alleged that she
was married to one Manish Kumar @ Guddu son of petitioners no.2
and 3 and brother of petitioner no.1 on 14.12.2010, but after some
time of marriage the accused persons started subjecting her to cruelty
mentally and physically for non-fulfillment of demand of dowry. She
has alleged that on a demand of rupees five lacs made by the accused
persons, her mother could somehow manage rupees three lacs and
gave to them, but due to non-fulfillment of entire demand she was
abused, assaulted and kicked out of her matrimonial home on
09.06.2014 along with her two minor children. Thereafter, they came
to her parental home and assaulted her there also.
3. On the basis of the aforesaid allegations, the police
registered an FIR and on completion of investigation the allegations
made in the FIR were found to be true and a report under Section
173(2) of the CrPC was filed in the court pursuant to which the
learned Magistrate vide impugned order dated 09.11.2016 took
cognizance of the offences alleged and summoned the petitioners.
4. Learned counsel for the petitioners submitted that there
was matrimonial discord between the husband and wife and
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petitioners being relatives of the husband have wrongly been dragged
in the present case. It is submitted that prior to the institution of the
FIR, the husband of the informant had already instituted Matrimonial
(Divorce) Case No.1012 of 2015 in the Family Court, Patna.
5. On the contrary, learned counsel for the State submitted
that filing of matrimonial case would be of no consequence as the
informant has made specific allegations against the petitioners that
they abused, assaulted and kicked out the informant from her
matrimonial home and they also abused her after going to her parental
home.
6. I have heard learned counsel for the parties and perused
the record. I find force in the submissions made by the learned
counsel for the State.
7. Having regard to the materials on record, I do not see any
illegality in the order passed by the learned Magistrate. The
statements made by the informant in the FIR do attract ingredients of
the offences alleged against the petitioners. The witnesses examined
during investigation have supported the allegations made by the
informant. The learned Magistrate after having perused the materials
on record found sufficient materials to proceed against the petitioners
and took cognizance of the offences. As far as filing of matrimonial
case prior to the institution of the FIR by the husband of the informant
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is concerned, the same can be looked into by the trial court at
appropriate stage during trial.
8. The application, being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J)
Md.S./-
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