Kundan Kumar Singh @ Kundan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23306 of 2015 Arising Out of PS. Case No.-600 Year-2014 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Kundan Kumar Singh @ Kundan Singh S/o Shri Pashupati Nath Singh R/o Mohalla Markan Colony, P.S. Katihar Town, Katihar, Bihar. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Sakchi Singh D/o Late Shri Vinod Kumar Dhawan, W/o Shri Kundan Singh R/o House of Shri Rajesh Kumar Rajak, Sheetla Mandir Gali, Purani Bazar, District - Muzaffarpur.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.S.N Shukla APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2019 No one appears on behalf of the petitioner even on second call.

It appears that the petitioner is seeking quashing of the order dated 08.05.2014 passed by learned Chief Judicial Magistrate, Muzaffarpur, in Criminal Complaint No. 600 of 2014, Tr. No. 2150/2014 whereby the learned C.J.M. took cognizance of the offences under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act against the petitioner and his family members and issued summons to them.

Petitioner happens to be the husband of the opposite party no. 2. In the complaint case filed by the opposite party no. 2, she alleged that the accused no. 1 was asking for a car from

Patna High Court CR. MISC. No.23306 of 2015(2) dt.29-11-2019 2/2 her mother as dowry and on various occasion the opposite party no.2 was subjected to physical and mental torture. The learned Judicial Magistrate having found prima-facie case against the petitioner took cognizance of the offences under Section 498(A) of the Indian Penal Code and has issued summons to the petitioner.

The records show that the statement of the complainant on solemn affirmation and deposition of inquiry witnesses have been taken note of by the learned Magistrate while taking cognizance of the offence and summoning the petitioner.

This court, thus finds no merit in this application. It is dismissed accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U T