Md. Afsar Alam And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18294 of 2015 Arising Out of PS.Case No. -187 Year- 2012 Thana -NAUGACHIA District- BHAGALPUR ===========================================================
1. Md. Afsar Alam, Son of Md. Shamsul @ Bhojal
2. Md. Shamsul @ Bhojal @ Bhujil, Son of Sk. Badal
3. Amrun Nisha, Wife of Md. Shamsul @ Bhojal. All Resident of village - Mena, P.S.- Chousa, District - Madhepura .... .... Petitioners
Versus
1. The State of Bihar
2. Sabana Khatoon W/o Md. Afsar Alam, D/o Md. Aslam, Resident of village - Ujani, P.S.- Nougachia, District - Bhagalpur .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Mr. Nadimul Hasan, Advocate For the Opposite Party/s : Mr. U.S.P. Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-05-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek quashing of the order dated 18.12.2012 passed by the learned Sub-divisional Judicial Magistrate, Naugachia, Bhagalpur in Naugachia P.S. Case No. 187 of 2012 whereby finding a prima facie case to be made out for the offences punishable under Sections 323, 504, 498A read with 34 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act, the petitioners have been summoned to face trial. Initially, a complaint case was filed which was referred to the police for investigation under Section 156(3) of the Code of
Patna High Court Cr.Misc. No.18294 of 2015 dt.05-05-2015 2 / 2 Criminal Procedure for investigation pursuant to which the first information report was instituted and investigation was taken up. According to the prosecution case, the informant Sabana Khatoon was married to petitioner no. 1 on 9.12.2009 as per Muslim rites but she was being subjected to cruelty by the husband and in-laws in her matrimonial home for non-fulfilment of demand of dowry.
The allegations were found to be true in course of investigation. Taking into consideration the allegations made in the first information report, the materials collected in course of investigation and the police report submitted under Section 173(2) Cr. P.C., the learned Sub-divisional Judicial Magistrate, Naugachia has found a prima facie case to be made out against the petitioners. Regard being had to the facts and circumstances of the case, I find no illegality in the order impugned. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J.) Sanjeet/- U T