IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21759 of 2015
Arising Out of PS. Case No.-247 Year-2013 Thana- PATNA COMPLAINT CASE District-
Patna
Renu Devi @ Renu Kumari, Daughter of Suresh Prasad, and wife of Ravindra
Kumar, resident of village – Damua, P.S. Kako, District – Jehanabad.
… … Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Anu Devi. Wife of Bhushan Prasad. resident of village – Varma, P.S.
Kako Pali, P.O. Varma, District – Jehanabad.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Dudh Nath Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha (APP)
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 25-04-2018
Seeking quashing of an order of cognizance dated
08.11.2013 and registration of Complaint Case No.247(C ) of 2013
by the learned Judicial Magistrate, Masaurhi, this application has
been filed under Section 482 of the Code of Criminal Procedure.
The cognizance has been taken against the applicant under Section
498A of the Indian Penal Code.
The complainant Anu Devi had filed the complaint in
question and it was her contention that complainant marriage was
performed with accused no.1 Bhushan Prasad in Surya Mandir,
Mani Chak Masaurhi on 11.07.2002. Sufficient gifts and other
valuables were given at the time of marriage. In spite thereof, the
accused persons are demanding dowry and harassing her. It is
Patna High Court Cr.Misc. No.21759 of 2015 dt.25-04-2018
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further said that the first marriage of the complainant was
solamanized with one Akhilesh Prasad of Village Varma and
making serious allegations with regard to demand of dowry and
harassment, the complaint has been filed.
As far as present petitioner Renu Devi @ Renu Kumari
is concerned, she is only a member of the family related as sister-
in-law to the complainant. She does not reside in the house in
question. A perusal of the complaint goes to show that no specific
allegations are levelled against her. Omnibus allegations are
levelled on the ground that she is a member of the family.
Keeping in view the nature of allegation levelled and the
law laid down by the Hon’ble Supreme Court in the case of Gian
Singh Versus State of Punjab and another, (2012) 10 SCC 303;
Taramani Parakh Versus State of Madhya Pradesh and others,
(2015) 11 SCC 260; Kans Raj Versus State of Punjab and
others; (2000) 5 SCC 207; and Amit Kapoor Versus Ramesh
Chander and another, (2012) 9 SCC 460, I find no case made
out for prosecuting the present applicant as prima facie case
against her for constituting an offence under Section 498A of the
Indian Penal Code is not made out.
Patna High Court Cr.Misc. No.21759 of 2015 dt.25-04-2018
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Accordingly, the application is allowed, the proceedings
of the complaint registered bearing Complaint Case No.247( C) of
2013 against the present petitioner are quashed.
(Rajendra Menon, CJ)
Sunil/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.04.2018
Transmission Date 30.04.2018