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Shree Kant Singh & Ors vs State Of Bihar & Anr on 3 March, 2017

      IN THE HIGH COURT OF JUDICATURE AT PATNA

                    Criminal Miscellaneous No.18748 of 2013
       Arising Out of PS.Case No. -582 Year- 2012 Thana -SIWAN COMPLAINT CASE District- SIWAN
===========================================================

1. Shree Kant Singh, S/O Badri Singh, R/O Village Sadarpur, P.S. Barharia, District
Siwan.

2. Raj Kumar Singh, S/O Dhanraj Singh, R/O Village Tarwara, P.S. G.B. Nagar,
District Siwan.

3. Umashankar Singh, S/O Gaya Singh, R/O Village Yanghwaria, P.S. Pachrukhi,
District Siwan.

4. Nirmala Devi, W/O Shree Kant Singh, R/O Village Sadarpur, P.S. Barharia,
District Siwan.

5. Badri Singh S/O Sangh Jee R/O Village Sadarpur, P.S. Barharia, District Siwan.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Dhrup Kishore Singh S/O Shiv Shankar Singh R/O Village Mahecha Tola,
Majhwalia, P.S. Uchka Gaon, District Gopalganj.

…. …. Opposite Party/s
with

===========================================================
Criminal Miscellaneous No. 42725 of 2013
Arising Out of PS.Case No. -582 Year- 2012 Thana -SIWAN COMPLAINT CASE District- SIWAN
===========================================================

1. Lalan Singh, S/O Lal Babu Singh, R/O Village- Rampur, P.S- G.B. Nagar,
District- Siwan.

2. Punam Devi, W/O Lalan Singh, R/O Village- Rampur, P.S- G.B. Nagar, District-
Siwan.

3. Lal Babu Singh, S/O Late Muni Lal Singh, R/O Village- Rampur, P.S- G.B.
Nagar, District- Siwan.

4. Mania Devi, W/O Lal Babu Singh, R/O Village- Rampur, P.S- G.B. Nagar,
District- Siwan.

5. Suganti Devi, W/O Sandip Kumar Singh, and D/O Lal Babu Singh R/O Village-
Rampur, P.S- G.B. Nagar, District- Siwan.

6. Shree Ram Singh, S/O Late Rama Nand Singh, R/O Village- Rampur, P.S- G.B.
Nagar, District- Siwan.

…. …. Petitioner/s
Versus

1. The State Of Bihar

2. Dhrup Kishore Singh, S/O Shiv Shankar Singh, R/O Village- Mahecha Tola,
Majhwalia, P.S- Uchka Gaon, District- Gopalganj.

…. …. Opposite Party/s
===========================================================
Appearance :

(In Cr.Misc. No.18748 of 2013)
Patna High Court Cr.Misc. No.18748 of 2013 dt.03-03-2017
2

For the Petitioner/s : Mr. Aslam Ansari, Advocate.

            For the State             : Mr. Dashrath Mehta, APP
            For the Opposite Party         Mr. Indrajeet Bhushan, Advocate.
            (In Cr.Misc. No.42725 of 2013)
            For the Petitioner/s      : Mr. Aslam Ansari, Advocate

For the Opposite Party/s : Mr. Jharkhandi Upadhayay, APP
===========================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL JUDGMENT
Date: 03-03-2017

Heard learned counsel for the petitioners, learned

counsel for the State and the learned counsel for the opposite party

no. 2.

2. Both applications have been preferred, under Section

482 of the Code of Criminal Procedure, for quashing the order dated

08.08.2012 passed in Complaint Case No. 582 of 2012/ Trial No.

4156 of 2013, whereby the court of Sri A. Ranjan, Judicial

Magistrate Ist Class, Siwan, summoned the accused-petitioners

named in the complaint petition, on enquiry under Section 202 of

Cr.P.C., finding the prima facie case, under Sections 147, 323, 379

and 304 of the Indian Penal Code. Therefore, both applications are

heard together and are being disposed of by common order.

3. In brief the case is that opposite party no. 2, Dhrup

Kishore Singh, filed Complaint Case No. 582 of 2012 against the

petitioners of both applications with contention that the marriage of

his son, Sandeep Kumar Singh, was performed with Suganti Devi

(petitioner no. 5 of Criminal Misc. No. 42725 of 2013) on
Patna High Court Cr.Misc. No.18748 of 2013 dt.03-03-2017
3

13.07.2008. After marriage, Suganti Devi was taken in Bidai by his

son, Sandeep Kumar at his house. After staying one month at the

house, Sandeep Kumar Singh went to Mumbai for his livelihood and

after three days, Suganti Devi also went to her ‘Maika’ and she again

came in the month of January, 2009 to her matrimonial house and

Sandeep Kumar Singh, came to house after 15 days from Mumbai

and again returned to Mumbai. In the month of October, 2010,

Sandeep Kumar Singh, came to his house and made query about

pregnancy to his wife but she did not give proper reply. On

05.10.2010, in the morning, Suganti Devi left the matrimonial house

with ornaments and valuable cloths. The complainant-opposite party

no. 5 went to ‘Maika’ of Suganti Devi and made complaint to her

parents and brother then they assured to return the ornaments and

clothes. While complainant-opposite party no. 2 approached to Lal

Babu Singh, father of Suganti Devi, to return the ornaments and

clothes but he did not take any heed. Lastly, Panchayati was arranged

on 12.03.2012, in which, parents and other person of Mayaka of

Suganti Devi abused him and his brother, Brij Kishore Singh and also

assaulted to them and refused to return the ornaments and clothes.

4. Learned counsel for the petitioners submits that,

Suganti Devi (petitioner no. 5 of Criminal Misc. No. 42725 of 2013),

whose marriage was performed with Sandeep Kumar Singh, son of
Patna High Court Cr.Misc. No.18748 of 2013 dt.03-03-2017
4

complainant-opposite party no. 2, Dhrub Kishore Singh was being

tortured by her husband and in-laws due to non-fulfillment of

demand of dowry and she was also removed from her matrimonial

house snatching personal belongings. Thereafter, she filed Complaint

Case No. 319 of 2012 on 06.02.2012 in the court of Chief Judicial

Magistrate, Siwan, against her husband and in-laws for the offence of

498A, 307, 379 and 120B of the IPC and 3/4 of the D.P. Act. After

knowing about the said complaint case, her father-in-law Dhrub

Kishore Singh filed Complaint Case No. 582 of 2012 in the court of

Chief Judicial Magistrate, Siwan against her and Maiyka people and

also Raj Kumar Singh and Umashankar Singh, who are the witnesses

in her Complaint Case No. 319 of 2012, with false allegation of

committing theft of ornament and clothes by her only to give under

pressure so that she may not pursue her complaint case as filed

against him and other family members.

5. It appears to Annexure-2 that Complaint Case

No. 319 of 2012 was filed by Suganti Devi (petitioner no. 5 of

Criminal Misc. No. 42725 of 2013) on 06.02.2012 against her

husband Sandeep Kumar Singh, Father-in-law Dhrub Shankar Singh

and other in-laws for the offence under Section 498A, 307, 379 and

120B IPC and 3/4 of the D.P. Act and the present Complaint Case

No. 582 of 2012 is filed by O.P. No.2 Dhrub Shankar Singh father-
Patna High Court Cr.Misc. No.18748 of 2013 dt.03-03-2017
5

in-law of Suganti Devi after one month in respect of the occurrence

dated 05.10.2010 alleging therein that Suganti Devi left her

matrimonial house with ornaments and valuable cloths and in

panchayat arranged for return of ornaments and clothes, her parents

and other family members and relative assaulted him and his brother.

As such Complaint Case No. 582 of 2012 filed by the O.P. No.2 is

mala fide and in counter blast of Complaint Case No. 319 of 2012

filed by Suganti Devi (petitioner no. 5 of Criminal Misc. No. 42725

of 2013) against her husband, father-in-law O.P. No.2 and others. As

such, impugned order summoning the accused-petitioners, on enquiry

under Section 202 Cr.P.C., in Complaint Case No. 582 of 2012

appears to be abuse of process of Court.

6. Accordingly, the order dated 08.08.2012 passed in

Complaint Case No. 582 of 2012/ Trial No. 4156 of 2013 and the

entire criminal proceeding is hereby quashed and these applications

are allowed.

(Rajendra Kumar Mishra, J)
Bhardwaj/-

AFR/NAFR
CAV DATE
Uploading Date 10.03.2017
Transmission 10.03.2017
Date

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