IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31508 of 2016
Arising Out of PS.Case No. -2396 Year- 2015 Thana -PATNA COM PLAINT CASE District-
PATNA
Rajeev Kumar, Son of Balram Singh Resident of Mohalla- Nayatola, Madhav Pur,
P.O.+P.S.- Bakhtiyarpur, District- Patna.
…. …. Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Anuradha, daughter of Ramjee Singh, wife of Rajeev Kumar, resident o f
Mohalla- Dhananjay Colony, Road No.8, Sanjay Gandhi Nagar, P.O. P.S.
Hanuman Nagar, Patrakar Nagar, District- Patna.
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Indra Kumar Singh, A.P.P.
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 06-09-2018
1. This application under Section 482 of the Code of
Criminal Procedure has been filed for quashing the order dated 30.01.2016
passed by the learned Sub Divisional Judicial Magistrate, Patna, in
Complaint Case No. 2396(C) of 2015 by which the learned Magistrate after
holding enquiry has found prima facie case against the petitioner and other
four accused persons for the offences under Section 498A of the Indian
Penal Code and Section 3/4 of Dowry Prohibition Act.
2. The complainant has filed complaint case against the
husband and his other family members levelling allegation that after
marriage she was tortured in her sasural for demand of dowry and
ultimately she was forced to leave the matrimonial house. The allegation
Patna High Court Cr.M isc. No.31508 of 2016 dt.06-09-2018
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has been mentioned in the complaint petition in detail.
3. Heard learned counsel for the petitioner and learned
counsel for the State.
4. The court below after holding enquiry has found prima
facie case against the petitioner only who is husband of the complainant for
the offence under Section 498A of the Indian Penal Code and Section 3/4
of Dowry Prohibition Act. The court below has not found sufficient
material against other accused persons.
5. As per impugned order, this Court finds that court
below has passed order after proper appreciation of the statement of the
witnesses including the Solemn Affirmation of complainant.
6. Therefore, this Court does not find any illegality in the
impugned order.
7. This Criminal Miscellaneous application is
accordingly dismissed.
8. The petitioners are given liberty to raise all the points
as raised in this application in the court below at the appropriate stage
during trial including at the time of framing of charge, which shall be
considered by court below in accordance with law without being prejudic ed
by this order.
(Sanjay Priya, J)
S.Ali/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 12/09/2018
Transmission 12/09/2018
Date
