IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41670 of 2016
Arising Out of P.S.Case No. -378 Year- 2014 Thana -BIHTA District- PATNA
1. SABIHA KHATOON @ SANITA KHATOON, wife of Noorshid Alam
2. Noorshid Alam @ Md. Narshid Alam, son of Late Abdul Rashid Both are
resident of Mohalla- Boro Airport, Post Office- Pachamba, P.S. Giridih, District
Giridih, State- Jharkhand.
…. …. Petitioners
Versus
1. The State of Bihar
2. Nahid Anjum, Daughter of Md. Abul Khoir, Resident of Village- Shrfuddinpur,
P.S. Bihta, District- Patna.
…. …. Opposite Parties
Appearance :
For the Petitioners : Mr. Md. Ataul Haque, Advocate
For the Opposite Party No.2 : Mr. Rakesh Kumar, Advocate
For the State : Mr. Mukeshwar Dayal, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL JUDGMENT
Date: 08-09-2017
This criminal miscellaneous application under Section 482 of the
Cr.P.C. has been filed to quash the order dated 15.06.2016 passed by learned
SDJM, Danapur in Bihta P.S.Case No.378 of 2014 whereby and whereunder the
learned Magistrate finding prima-facie case for the offence under Section 498A of
the IPC and 3/4 of the Dowry Prohibition Act took cognizance of offence and
summoned the petitioner and other co-accused.
2. Heard and perused the record.
3. The petitioners are parents of the husband of the informant
(Opposite Party No.2). The informant lodged an FIR with Bihta police station
alleging inter-alia that she was married with the son of the petitioners on
01.04.2013. The husband was posted at Probationary Officer in Canara Bank at
Jadavpur, Kolkata. At the time of marriage, the parents of informant had given
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cash amount of Rs.10,00000/- besides ornaments weighing 150 grams. After
marriage she visited at her matrimonial house at Giridih where her husband in-
laws started torturing and assaulting her in connection with a demand of car and
cash amount of Rs.5,00000/-. The family members of the informant tried to pacify
the matter and but to no effect. She was compelled to go back at her parents place
where she gave birth of a female child. The family members gave information
about the birth of female child to the husband of the informant and his family
members whereupon they again demanded cash amount and hurled threat and
abused over phone on several occasion. They threatened the informant that her
husband would be married with another girl if the demand was not fulfilled. The
matter was investigated and police submitted chargesheet against the husband and
these petitioners. The learned Magistrate after perusing the case diary found
prima-facie and accordingly summoned the petitioners.
4. The learned counsel for the petitioners submits that these
petitioners are parents of the husband of the informant and they have no concern
with the affairs of informant or her husband. The husband has divorced the
informant by pronouncing Talak. The husband had filed a Matrimonial Suit
No.206 of 2014 in the Court of Principal Judge, Giridih (Jharkhand). The said
divorce suit has been decreed and the divorce has been confirmed against the
informant. The informant has also filed a Matrimonial case and she is getting
maintenance from the husband to the tune of Rs.7500/- per month. It has been
further submitted that the petitioners are resident of Jharkhand where the
informant was residing with her husband. The court of Bihar has no jurisdiction to
entertain the case of the informant. The learned Magistrate without applying
judicial mind has taken cognizance in mechanical manner and so the order is fit to
be quashed.
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5. The learned APP as well as Opposite Party No.2 opposed the
submissions.
6. On perusal of complaint petition and documents on record, I find
that the petitioners are parents of the husband of the informant. The marriage of
the informant took place on 01.04.2013 and she has been blessed with a female
child. It has been specially alleged that her husband and his parents who are
petitioners before this Court started demanding Rs.5,00000/- and a car when she
visited at their place. She was tortured and assaulted on several occasion. They
sent the informant at her father’s place. It has further been alleged at the place of
her parents also they used to torture the informant by abusing/hurling threat. They
used to make telephonic call to demand the money as further dowry. The
allegation of abusing and assaulting is specific against the petitioners. The
husband is Probationary Officer and after few days of marriage, her husband and
these petitioners started torturing her. The learned Magistrate has rightly taken the
cognizance against the petitioner on the basis of specific allegation.
7. In view of above facts, I do not find any illegality in the impugned
order taking cognizance against these petitioners and other co-accused. This
application is devoid of merit and is accordingly dismissed.
(Sanjay Kumar, J)
B.Kr./-
AFR/NAFR NAFR
CAV DATE
Uploading Date 12.09.2017
Transmission 12.09.2017
Date