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Pratibha Kumari vs The State Of Bihar And Ors on 15 January, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.15 of 2018
Arising Out of PS. Case No.-231 Year-2017 Thana- NALANDA COMPLAINT CASE
District- Nalanda

Pratibha Kumari W/O Ranjan Kumar, d/o Mahendra Prasad, Resident of
village Niyamatpur, Harnaut, P.S. Harnaut, District Nalanda.

… … Petitioner/s
Versus

1.The State Of Bihar.

2.Ranjan Kumar son of Dinesh Prasad.

3. Dinesh Prasad, son of late Tuklal Mahto.

4.Urmila Devi, wife of Dinesh Prasad.

5.Pawan Kumar, son of Dinesh Prasad.

6. Gita Devi wife of Pawan Kumar.

Opposite Party no. 2 to 6 are resident of Village-Veer, P.S. Dhanaura, District
Patna, at present Bajrangpuri, P.S. Alamganj, District Patna.

… … Respondent/s

Appearance :

For the Petitioner/s : Mr.Satya Ranjan Sinha
For the Respondent/s : Mr.Smt. Sharda Kumari

CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
Date : 15-01-2019

Heard parties.

This criminal revision application is directed against

the order dated 12.04.2017 passed in Complaint Case No. 2316

of 2017 passed by ACJM-V, Nalanda, by which the learned

court below has refused to take cognizance against Opposite

Party Nos. 4, 5 and 6 and has taken cognizance against Opposite

Party Nos. 2 and 3 only, under Section 498A of IPC and has not

taken cognizance under Sections 341, 323, 504, 506, 406/34 of

the Indian penal code.

Petitioner has filed a complaint case against all
Patna High Court CR. REV. No.15 of 2018 dt.15-01-2019
2/3

opposite parties on 03.03.2017 arraying them as accused under

Sections 341, 323, 504, 506, 498A, 406 read with 34 of IPC in

which complainant-petitioner inter alia stated that she was

married to Opposite Party no. 2 Ranjan Kumar, and at the time

of marriage cash, ornaments and clothes were given and she

went to her matrimonial home. After 15 days of marriage, the

opposite parties started abusing, assaulting and torturing

complainant-petitioner for giving Rs. 2 Lacs less in dowry and

was ousted from her matrimonial home and all gifts and

presents were kept by them.

Complainant-petitioner was examined by the court on

S.A and in support of her case three enquiry witnesses were

examined. However, learned court below took cognizance of the

offence against opposite party nos. 2 and 3 under Section 498A

of IPC and refused to take cognizance against remaining

opposite parties on the basis of materials available before the

trial court, as no prima facie case could be made out against

them.

It has been submitted on behalf of the petitioner that

the court below committed error by not taking cognizance

against opposite party nos. 4 to 6 and under different sections of

IPC as from the complaint petition, S.A of complainant and
Patna High Court CR. REV. No.15 of 2018 dt.15-01-2019
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statement of enquiry witnesses there were sufficient materials

before the court below, making out a prima facie case against

opposite party nos. 4 to 6 and offences under different sections

of IPC.

After going through the complaint petition, statement

made by complainant on S.A. and enquiry witnesses, this Court

does not find any error or irregularity in the order dated

12.04.2017 passed in Complaint Case No. 2316 of 2017 by

ACJM-V, Nalanda. The trial court is empowered to alter, modify

or add charge at any stage of trial. The criminal revision petition

is disposed of.

(S. Kumar, J)

ranjan/-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 22.01.2019
Transmission Date 22.01.2019

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