IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.744 of 2016
Arising Out of PS.Case No. -6 Year- 2015 Thana -M AHILA PS District- JEHANABAD
Rahul Dwivedi, S/o Kesh Nath Dwivedi, r/o- Mohalla Mahatma Gandhi
Nagar, Bazar Samiti Road, Police Station- Town Thana, District- Buxar.
…. …. Petitioner/s
Versus
1. State of Bihar.
2. Priyanaka Gautam, w/o Rahul Dwivedi, Daughter of Prof. Bimal
Kishore Mishra, r/o- Mohalla Mahatma Gandhi Nagar, Bazar Samiti
Road, Police Station- Town Thana, District- Buxar, presently c/o Arun
Kumar S/o Suresh Kumar, r/o-Wasilpur, P.S.- Arwal, Distt.- Arwal,
Permanent address- Sarswati Niwas, 1st floor, Road no. 6/C, Rajendra
Nagar, P.S. Kadam Kuan, Distt. Patna.
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Arun Kr. Singh-5, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 11-09-2018
This application under Section 482 of the Code of
Criminal Procedure has been filed for quashing the order dated
7.11.2015 passed by the learned Chief Judicial Magistrate, Arwal,
in Mahila Arwal P.S. Case No. 6 of 2015 by which the learned
Magistrate took cognizance against the petitioner for the offences
under Sections 498(A), 323, 379 and 352 of the Indian Penal Code.
It is alleged in the written report that informant was
married with the petitioner on 30.11.2013 according to Hindu rites
and customs. She was being tortured by the husband and his family
members for demand of dowry, for which, Buddha Colony P.S. Case
Patna High Court Cr.M isc. No.744 of 2016 dt.11-09-2018
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No. 151 of 2014 has been filed by the informant against the accused
persons for the offence under Section 498A, 341, 323, 504/34 of the
Indian Penal Code and Section ¾ of Dowry Prohibition Act. The
informant further alleged that family members of the petitioner were
granted bail by court below and petitioner was granted provisional
bail by order dated 12.02.2015 passed in Cr. Misc. 32376 of 2014 by a
coordinate Bench of this Court with condition that he would keep the
informant with him. Thereafter, petitioner took the informant with
him from court itself to his place of posting. Thereafter, petitioner
started torturing her and on 6.3.2015 he abused the informant.
Informant protested then she was put down and thrashed by pressing
neck, but any how she succeeded to save her life.
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is husband of informant. There is specific
allegation against the petitioner. The police has submitted charge
sheet against the petitioner finding the case true.
Therefore, this Court does not find any illegality in the
impugned order.
This Criminal Miscellaneous application is accordingly
dismissed.
Counsel for the petitioner submits that talk of settlement
Patna High Court Cr.M isc. No.744 of 2016 dt.11-09-2018
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is going on between the parties. Petitioner is given liberty to make
offer for settlement with opposite party No. 2 and in the event
opposite party agrees for settlement, the court below will pass
appropriate order in accordance with law.
(Sanjay Priya, J)
S.Ali/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 15/09/2018
Transmission 15/09/2018
Date
