Patna High CourtCR. REV./895/2013withdrawn

Anupam Kumar Prasad v. The State Of Bihar

2015-01-13Mr. Justice Samarendra Pratap Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.823 of 2013 ======================================================

1. Somwati Devi W/O Late Vidyasagar Prasad R/O Village-Osaiya, Thana-Madhora, Distt-Saran At Chapra

2. Hemant Kumar @ Hemant Kr Prasad Son Of Late Vidyasagar Prasad R/O Village-Osaiya, Thana-Madhora, Distt-Saran At Chapra

3. Sonia @ Asha D/O Late Vidyasagar Prasad R/O Village-Osaiya, ThanaMadhora, Distt-Saran At Chapra

4. Rabindra Prasad Son Of Not Known R/O Village-Gousi, Amnour, P.S.- Amnour, Dist-Saran, Chapra .... .... Petitioners with Criminal Revision No.895 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- SIWAN ====================================================== Anupam Kumar Prasad .... .... Petitioner

Versus

1. The State of Bihar

2. Priti Kumari D/o Bairistar Singh .... Respondents in both cases.

====================================================== Appearance :

(In CR. REV. No.823 of 2013) For the Petitioners : Mr. Mallika Mazumdar, Advocate For the Respondents : Mr. Anish Chandra, APP (In CR. REV. No.895 of 2013) For the Petitioner : Mr. Mallika Mazumdar, Advocate For the Respondents : Mr. Brajendra N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-01-2015 The petitioners are permitted to add the informant, Priti Kumari as opposite party no.2.

Heard learned counsel for the parties.

These revision applications have filed against order dated 18.1.2013, passed in Tr.No.1411 of 2013 by the Sub Divisional Judicial Magistrate, Siwan by which he has rejected petitioners' application for discharging them as an accused in Maharajganj Police station case No. 92 of 2006 dated 1.9.2006

Patna High Court CR. REV. No.823 of 2013 (7) dt.13-01-2015 2/3 lodged for offences under Section 498A Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The petitioners of Cr. Revision No.823/2013 are mother, brother, sister of the husband of the informant respectively, whereas petitioner, Rabindra Prasad is the distant relative of the husband of the informant. Petitioner, Anupam Kumar Prasad of Cr. Revision No.895/2013 is the husband of the informant.

Learned counsel for petitioners prays to withdraw the revision application in respect of husband of the informant i.e. Cr. Revision No.895/2013.

Prayer is accorded and the same is permitted to be withdrawn.

So far as petitioners of Cr. Revision No.823/2013 are concerned, learned counsel for the petitioners submits that there is general and omnibus allegation against them of demanding dowry and committing torture on the informant. It is further submitted that even the divorce petition filed by the informant has also been decreed and she has already contracted another marriage.

Issue notice to the opposite party no.2 for which requisites be filed under ordinary process within a week, failing

Patna High Court CR. REV. No.823 of 2013 (7) dt.13-01-2015 3/3 which the petition as against the concerned opposite party shall stand rejected without reference to the bench. Until further orders, proceeding before the court in seision of Tr.No.1411 of 2013 arising out of Mahrajganj police station case no. 92 of 2006 shall remain stayed in respect of all the four petitioners of Cr. Revision No.823/2013. (Samarendra Pratap Singh, J) Shashi.

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