SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Pawan Kumar @ Pankaj Kumar @ Pankaj vs State Of Bihar And Anr on 2 September, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12483 of 2015
Arising Out of PS. Case No.-41 Year-2013 Thana- MAHILA PS District- Gaya

Anil Kumar Son of Awadh Bihari Singh @ Awadh Bihari Ram, Resident of
Village – Belaganj Agrawal High School, Belaganj, P.S. – Belaganj, District –
Gaya.

… … Petitioner/s
Versus

1. The State Of Bihar

2. Punita Devi Wife of Anil Kumar, Resident of Village – Belaganj Agrawal
High School, Belaganj, P.S. Belaganj, District Gaya, at present residing at
Mohalla Bairagi, P.S. Delha, District – Gaya.

… … Opposite Party/s

WITH

CRIMINAL MISCELLANEOUS No. 13848 of 2015
Arising Out of PS. Case No.-41 Year-2013 Thana- MAHILA PS District- Gaya

Pawan Kumar @ Pankaj Kumar @ Pankaj Son of Late Yugal Kishore Prasad
resident of village – Ariki, P.S. Belaganj, District – Gaya

… … Petitioner/s
Versus

1. The State Of Bihar

2. Punita Devi wife of Anil Kumar resident of village – Belaganj Agrawal High
School, Belaganj, P.S. Belaganj, District – Gaya, at present residing at
Mohalla Bairagi, P.S. Delha, District – Gaya

… … Opposite Party/s

Appearance :

(In CRIMINAL MISCELLANEOUS No. 12483 of 2015)
For the Petitioner/s : Mr.Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. S.Dayal, APP
(In CRIMINAL MISCELLANEOUS No. 13848 of 2015)
For the Petitioner/s : Mr.Durgesh Nandan, Advocate
For the Opposite Party/s : Mr.S.Dayal, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 02-09-2019
Patna High Court CR. MISC. No.12483 of 2015 dt.02-09-2019
2/4

Heard learned counsel for the petitioners and the

learned Additional Public Prosecutor for the State. No one

appears on behalf of Opposite Party No.2.

2. The petitioners are accused in connection with

(Gaya) Mahila P.S. Case No.41 of 2013, corresponding to Tr.

No.2938 of 2015.

3. By the impugned order dated 19.01.2015, the

learned Sub-Divisional Judicial Magistrate, Gaya, has taken

cognizance against the petitioners on police report submitted

under Section 173 Cr.P.C. for offences under Section 498A/Section34,

Section323/Section34 of the Indian Penal Code and Section 3/Section4 of the Dowry

Prohibition Act.

4. Opposite Party No.2 has filed counter affidavit in

Cr. Misc. No.12483 of 2015 brought by the husband Anil

Kumar. However, she has not filed any counter affidavit in Cr.

Misc. No.13848 of 2015 filed by Pawan Kumar @ Pankaj

Kumar @ Pankaj, the brother-in-law of the husband of Opposite

Party No.2.

5. According to FIR, the marriage of Opposite

Party No.2 took place with petitioner Anil Kumar in April,

2002. In spite of sufficient gift given by father of the informant

as detailed in the FIR, accused Anil Kumar was demanding a
Patna High Court CR. MISC. No.12483 of 2015 dt.02-09-2019
3/4

motorcycle and after interference by the relations and family

members, the informant was allowed to go to her matrimonial

home. In the matrimonial home again demand of motorcycle by

the named family members (not petitioner Pankaj Kumar) and

the allegation of mental and physical torture, as well is

attributed. Only allegation against petitioner Pawan Kumar @

Pankaj Kumar is that he had also accompanied other accused in

taking back the informant to her parents house on an auto

rickshaw.

6. In the counter affidavit, Opposite Party No.2

asserted the allegation of demand of motorcycle and torture for

non-fulfillment of the same specifically against the husband and

other family members and she has enclosed a letter addressed by

the husband to the parents of the informant wherein the husband

has stated that if the motorcycle would not be provided it would

result in dire consequences. Two letters dated 06.05.2003 and

21.05.2003 are enclosed at Annexure-B series. In the counter

affidavit, she has not alleged anything against petitioner Pawan

Kumar. The petitioner Anil Kumar has filed supplementary

affidavit stating therein that petitioner is paying Rs.750/- to the

wife, Opposite Party No.2, in pursuance of order dated

07.05.2015 passed by this Court. However, the long due
Patna High Court CR. MISC. No.12483 of 2015 dt.02-09-2019
4/4

amount was paid on the recent query of the Court.

7. On the basis of the material available on the

record, prima facie no offence is disclosed against petitioner

Pawan Kumar @ Pankaj Kumar. Hence, criminal prosecution

of petitioner Pawan Kumar @ Pankaj is an abuse of the process

of the Court, which cannot be allowed to stand. Hence, the

impugned order to the extent it affects Pawan Kumar @ Pankaj

Kumar, is hereby stands quashed and his application stands

allowed.

8. However, there is sufficient material against

petitioner Anil Kumar, as discussed above, to proceed against

him with the criminal proceeding. Hence, his application for

quashing the cognizance order is hereby stands dismissed.

(Birendra Kumar, J)
Mkr./-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.09.2019
Transmission Date 06.09.2019

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation