Dr. Chandrika Prasad And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19891 of 2016 Arising Out of PS.Case No. -1426 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================
1. Dr. Chandrika Prasad son of Late Baldeo Rai
2. Subhadra Devi wife of Dr. Chandrika Prasad Both are residing at Mohalla J.P. Colony, Hajipur, Hajipur Town , District Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rina Singh wife of Abhash Saurabh, and daughter of Dinesh Singh Presently residing at village Gokhula P.S. Bidupur, District Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Adv. For the Opposite Party/s : Mr. Gauri Shankar Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2016 Heard learned counsel for the petitioner.
The petitioner filed this quashing petition against order dated 20.06.2015 by which the prima facie case under Section 498A of the Indian Penal Code is found and the complainant was directed to file requisites for issuance of summons. Learned counsel for the petitioner submits that petitioners are father-in-law and mother-in-law of the complainant. There is no material to proceed against the petitioners. Father-in-law of the deceased is seriously ill and bedridden, but on perusal of the complaint petition of the complainant and evidence of the witnesses, it appears that the complainant has
Patna High Court Cr.Misc. No.19891 of 2016 (3) dt.29-07-2016 2/2 very categorically made allegation of demand of dowry and torture against the husband, father-in-law and mother-in-law. Enquiry witnesses have also reiterated the facts that the petitioners, fatherin-law and mother-in-law of complainant also subjected her to physical and mental torture due to non-fulfillment of demand of dowry and therefore, I do not find any force in the submission of the learned counsel.
Accordingly, this petition is dismissed as devoid of any merit.
(Prabhat Kumar Jha, J.) Vinita/- U T