IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37557 of 2013
Arising Out of PS.Case No. -null Year- null Thana -null District- WESTCHAMPARAN(BETTIAH)
1. Santosh Kumar S/O Sri Harendra Prasad
2. Harendra Prasad S/O Sri Lalita Prasad
3. Akhilesh Kumar S/O Sri Harendra Prasad
4. Bhola Prasad S/O Sri Harendra Prasad
5. Chandravati Devi W/O Sri Harendra Prasad
6. Bindu Devi (Bittu) W/O Bhola Prasad, all 1 to 6 are R/o village – Malahi, P.S.
Malahi, District- West Champaran
…. …. Petitioner/s
1. The State Of Bihar
2. Shashibhushan Prasad S/O Nathuni Prasad Resident Of Village- Bastha, Police
Station- Mainatarn, District- West Champaran.
3. Gudia Devi W/O Santosh Kumar And D/O Shashibhushan Prasad Resident Of
Village- Bastha, Police Station- Mainatarn, District- West Champaran.
…. …. Opposite Party/s
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For Opp. Party : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Umanath Mishra, APP
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
Herd learned counsel for the petitioners, State and
Counsel for the petitioners submits that the husband of
the alleged victim has died. Counsel for the opposite parties is not in a
position to make any submission on the point of death of the husband.
If it is fact that the husband of the victim is no more and
the wife has also died, there is no point to proceed any further in the
Patna High Court Cr.Misc. No.37557 of 2013 dt.01-09-2017
In the aforesaid circumstances, the application stands
disposed of with liberty to the petitioner to approach the court below
and file an application before the court below that the husband of the
alleged victim is no more. If such application is filed before the court
below with document in support thereof, the court below will consider
the desirability of closing the case positively within a period of two
months from the date of filing of such petition particularly in view of
the death of the husband and wife in the present case and the case is
under Section 498A of the Indian Penal Code and Sections ¾ of the
Dowry Prohibition Act.
(Anil Kumar Upadhyay, J)
CAV DATE NA
Uploading Date 5.9.2017