IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1891 of 2016
Arising Out of PS. Case No.-1275 Year-2013 Thana- NAWADAH COMPLAINT CASE
District- Nawada
1. RABINDRA KUMAR JHA S/O- Late Badhan Jha,
2. DHARMVIR KUMAR JHA @ DHARMVIR JHA S/o Shri
Rabindra Kumar Jha, Both are resident of Village- Maur, P.S.-
Barbigha, District- Sheikhpura.
… … Petitioner/s
Versus
1. The State of Bihar.
2. Gopal Jha, Son of Shri Mudrika Jha
3. Guriya Devi @ Guriya Kumari, D/o Gopal Jha W/o Dharmvir Kumar
Both are Rresident of village – Hemda, P.S.- Warsaliganj, Distt.- Nawada.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Smt. Sudha Ambastha
For the Opposite Party/s : Mr. Navin Kr. Pandey(App)
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date : 07-09-2018
Heard learned counsel for the petitioners and the State.
Notice was validly served on opposite party no.2 . But
none has appeared on behalf of the opposite party no.2.
This petition has been field for quashing the order dated
21.2.2014 passed by learned S.D.J.M., Nawada in Compliant Case
No. 1275 C/ 2013 by which the learned Magistrate has after holding
enquiry, found prima facie case for the offence under Sections 498A
and Section 4 of D.P. Act against the petitioners and others.
Learned counsel for the petitioners has submitted no
marriage of the daughter of the complainant was performed with
petitioner no.2. It is further submitted that petitioner no.2 has filed
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written report before the Sheikhpura P.S. prior to lodging of the
complaint about his kidnapping by the complainant and his family
members.The aforesaid FIR has been annexed as Annexure-2.
Learned counsel for the petitioners has submitted that it is
mentioned in the aforesaid FIR that petitioner no.2 was a student and
he was going to appear in I. Sc. Examination
In the instant case the complainant has alleged that his
daughter was married with petitioner no.2 on 4.5.2013. After
marriage, she went to her sasural. She was tortured in her sasural for
demand of Rs. 5 lacs. Ultimately, she was ousted from the
matrimonial house. It is also alleged that she was tortured by her
husband ( petitioner no.2) as well as her father-in-law ( petitioner
no.1).
This Court after looking into the allegation in the
complaint petition does not find any specific overt act against
petitioner no.1, who is father-in-law of the daughter of the
complainant. Therefore, this court is of the view that continuance of
criminal proceeding against petitioner no. 1 will be an abuse of the
process of law and harassment to him.
Therefore, the impugned order dated 21.2.2014 passed by
learned S.D.J.M., Nawada in Compliant Case No. 1275 C/ 2013
along with entire criminal prosecution with regard to petitioner no.1
is hereby quashed.
So far petitioner no.2 is concerned , he is husband of the
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daughter of the complainant. There is specific allegation of overt act
in the complaint petition against petitioner no.2.
This Court does not find any illegality in the impugned
order dated 21.2. 2014 passed by learned S.D.J.M., Nawada in
Compliant Case No. 1275 C/ 2013 with regard to petitioner no.2,
Accordingly, this petition with regard to petitioner no.2 is dismissed.
The court below will proceed against petitioner no.2 in
accordance with law.
The petitioner No.2 is given liberty to raise all the points,
as raised in the present application, at the appropriate stage
including at the time of framing of charge, which shall be considered
and disposed off by the learned court below in accordance with law
without being prejudiced by this order.
This Cr. Misc. petition is allowed in part.
(Sanjay Priya, J)
shyambihari/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 10/9/18
Transmission Date 19/9/18
