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Patna High CourtCR. MISC./35930/2013allowed

Renu Sinha And ANR. v. State Of Bihar And ANR

2016-03-18Justice Smt. Anjana Prakash2 pages

Patna High Court Cr.Misc. No.35930 of 2013 (6) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35930 of 2013 Arising Out of PS.Case No. -1847 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Renu Sinha S/O Late Suresh Prasad Resident Of Village- Kudhni, P.O. And P.S.- Kudhni, District- Muzaffarpur

2. Pankaj Kumar @ Pankaj Kumar Sinha S/O Late Suresh Prasad Resident Of Village- Kudhni, P.O. And P.S.- Kudhni, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Anamika Sinha @ Moon W/O Pankaj Kumar, D/O Late Jwala Prasad Sinha Resident Of Mohalla- Dawlatganj, P.O.- Dawlatganj, P.S.- Bhagwan Bazar, District- Saran At Chapra .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha, Adv. For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 18-03-2016 Learned counsel for the petitioner seeks permission to withdraw the application so far as Petitioner no. 2 is concerned to avail other remedy in accordance with law.

The application is dismissed as such.

The Petitioner no. 1 is the mother-in-law of the Opposite Party no. 2 who seeks quashing of the order dated 06.11.2012 passed in Tr. No. 2246 of 2013 by the Sub-Divisional Judicial Magistrate, Chapra.

The case of the complainant is that she was married to the Petitioner no. 2 in the year 2008 but she was tortured for ends of dowry and on 06.03.2011 she was ousted from the matrimonial

Patna High Court Cr.Misc. No.35930 of 2013 (6) dt.18-03-2016 home.

It has been submitted on behalf of the petitioner that as is evident from the complaint petition the allegation is leveled only against the Petitioner no. 2 since it appears there were some issues between the husband and wife as is evident from Annexure 5. Having considered nature of relationship, the application so far as the petitioner no. 1 is concerned, is allowed and the order dated 06.11.2012 passed in Tr. No. 2246 of 2013 by the SubDivisional Judicial Magistrate, Chapra, is hereby set aside. (Anjana Prakash, J) Prakash/- U T