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Renu Devi @ Renu Kumari vs State Of Bihar & Anr on 25 April, 2018

Criminal Miscellaneous No.21759 of 2015
Arising Out of PS. Case No.-247 Year-2013 Thana- PATNA COMPLAINT CASE District-

Renu Devi @ Renu Kumari, Daughter of Suresh Prasad, and wife of Ravindra
Kumar, resident of village – Damua, P.S. Kako, District – Jehanabad.

… … Petitioner/s

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)

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

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

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)

Uploading Date 30.04.2018
Transmission Date 30.04.2018

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