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Smt. Sindhu Srivastava @ Smt. Mala … vs State Of Bihar on 24 June, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50395 of 2014
Arising Out of PS. Case No.-3392 Year-2012 Thana- PATNA COMPLAINT CASE District-
Patna

Smt. Sindhu Srivastava @ Smt. Mala Sinha Wife of Shri Manoj Kumar Sinha
Resident of G.D. Mishra Path, New Patliputra Colony, P.S-Patliputra Dist.-
Patna

… … Petitioner/s
Versus

1. State Of Bihar

2. Smt. Anita Sinha, wife of Shri Shailendra Srivastava, resident of A-A/7 New
Patliputra Colony, P.S.- Patliputra, District- Patna, at present residing at C/O
Sri Devendra Prasad Sinha, Manki Niketan, House No. 17, East Patel Nagar,
Road No. 5, P.S.- Shastri Nagar, District- Patna- 23

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr.Sunil, Adv
For the Opposite Party/s : Mr.Ajay Kumar Sinha, Adv
For the State : Mr. Shyam Kumar Singh, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 24-06-2019
Heard learned counsel for the parties.

2. Opposite party No.2 Smt. Anita Sinha brought

Complaint Case No.3392(C) of 2012 before the learned Chief

Judicial Magistrate, Patna against her husband and relations of the

husband alleging therein that she was being tortured by the inlaws

for non-fulfillment of dowry demand.

3. By the impugned order dated 01.07.2013, the

learned court below found a prima facie case against the

petitioners also for offences under Sections 498A I.P.C. and under

Section 4 of the Dowry Prohibition Act. By the same order, the
Patna High Court CR. MISC. No.50395 of 2014 dt.24-06-2019
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learned court below did not find a case to proceed with against co-

accused-Raghwendra Srivastava, the elder brother of the husband,

co-accused- Rajesh Srivastava, the younger brother of the

husband and co-accused-Madhu Srivastava, the wife of

Raghwendra Srivastava.

4. The statement of the complainant on oath would

reveal that she was married with co-accused Shailendra Srivastava

on 11.12.2009. After marriage, the named accused including those,

who were not ordered to be proceeded with by the impugned

order, went to the house of the complainant and demanded Rs.Five

Lacs and T.V. etc. Petitioner-Smt. Sindhu Srivastava @ Smt. Mala

Sinha had not demanded anything from anyone rather specific

statement is against the accused person, who were not asked to

face trial, to have demanded the dowry. It is further alleged that on

07.03.2011 the complainant had gone to appear in the examination

after taking permission of the male members, however, when she

returned on 17.03.2011, the mother-in-law refused to permit her

entry in the house alleging that she had left the house without

permission. The husband also denied company of the complainant

without permission of his mother. The complainant is herself a

Graduate in Home Science and having Diploma Degree in

Fashion Designing. Husband of the complainant is an engineer.
Patna High Court CR. MISC. No.50395 of 2014 dt.24-06-2019
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5. Learned counsel for the petitioner submits that

petitioner No.1-Kanhaiya Jee Srivastava and petitioner No.2-Smt.

Indu Srivastava who are parents of the husband of the complainant

are already dead now and only petitioner-Smt. Sindhu Srivastava

@ Smt. Mala Sinha who is already a married woman has been

falsely implicated in this case, for the reason that she is sister of

the husband of the complainant. His contention that on the very

same material, cognizance was not taken against some other co-

accused referred above including the elder brother and younger

brother of the husband as well as wife of one of the brothers of the

husband and cognizance has been taken against petitioner- Smt.

Sindhu Srivastava @ Smt. Mala Sinha without any material

against her. As such, the criminal prosecution of the petitioner

amounts to abuse of the process of the court. Petitioner has no

concern with her paternal family now.

6. Learned counsel for the complainant contends that

order dated 17.05.2019 would reveal that there was conciliation

process between the parties and conciliation did not reach, as

opposite party No.2 did not accept the proposal of the petitioner to

be in her matrimonial house, as she was apprehending uncomforts

and torture in the joint house. She was insisting for her separate

unit in the form of share of her husband in the joint family
Patna High Court CR. MISC. No.50395 of 2014 dt.24-06-2019
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property. The aforesaid issue can be resolved only in presence of

other co-sharers including the husband of opposite party no.2 in an

appropriate proceeding.

7. So far the matter in hand is concerned, no prima

facie material is there against petitioner-Smt. Sindhu Srivastava @

Smt. Mala Sinha, disclosed in the complaint petition, rather her

case is on better footing to those accused who were not summoned

to face trial. Hence, the criminal proceeding against petitioner-

Smt. Sindhu Srivastava @ Smt. Mala Sinha stands quashed and

this application stands allowed.

(Birendra Kumar, J)

Nitesh/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.06.2019
Transmission Date 26.06.2019

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