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Rabindra Kumar Jha & Anr vs State Of Bihar & Anr on 7 September, 2018

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
Patna High Court Cr.Misc. No.1891 of 2016 dt.07-09-2018
2/3

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
Patna High Court Cr.Misc. No.1891 of 2016 dt.07-09-2018
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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

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