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Patna High CourtCR. MISC./33198/2014allowed

Kailashi Devi And ORS v. The State Of Bihar And ORS

2016-05-12Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33198 of 2014 Arising Out of Complaint Case No. -115 (C) Year- 2012 Thana -ROHTAS COMPLAINT CASE District- SASARAM (ROHTAS) ===========================================================

1. Kailashi Devi, wife of late Chote Lal

2. Gudia Kumari, daughter of late Chote Lal Both resident of village-Gari Khana, Dham Ghar, P.S.-Khagaul, District-Patna.

3. Ram Ashish Ram, son of late Nanhak Ram

4. Raj Kumari Devi, wife of Ram Ashish Ram,

5. Santoshi Kumari, daughter of Ram Ashish Ram,

6. Rani Devi, wife of Ashok Ram

7. Ashok Ram, son of Satyanarayan, Both resident of village-Sandalpur, Ambedkar Colony, P.O.-Mahendru, P.S.- Sultanganj, District-Patna.

8. Sunil Ram, Son of Dena Ram

9. Sheela Devi, wife of Sunil Ram Both resident of Simri Nahar, P.S.-Rupaspur, District-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shilawati Devi, Wife of Radhe Kishun Ram,

3. Shushila Devi, Wife of Vinod Kumar and daughter of Late Kishori Lal Both resident of Mohalla-Barah Pathar, Ambedkar Nagar, Ward N. 36, P.S.-Dehri, District-Rohtas (Bihar) .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajey Kumar, Adv. For the State : Mr. Navin Kr. Pandey, A.P.P. For the Opposite Parties : None.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-05-2016 Heard learned counsel for the Petitioner and the State. No one appears on behalf of the Opposite Parties. The Petitioners seeks quashing of the order dated 9.10.2012 passed by the Judicial Magistrate, 1st Class, Dihari (Rohtas) in Complaint Case No. 115(C) of 2012.

Patna High Court Cr.Misc. No.33198 of 2014 dt.12-05-2016 2/2 The Petitioners are the in-laws of the Opposite Party No. 3. A Complaint was instituted in regard to her torture at the hands of her in-laws after her marriage with Binod Kumar on 18.6.2010. It has been submitted on behalf of the Petitioners that they are separate in mess and had absolutely no concern with the affairs of husband and wife. The allegations in the Complaint petition are more over completely vague and rambling which does not justify putting the Petitioners on Trial.

Considering the aforesaid, the application is allowed and the order dated 9.10.2012 passed by the Judicial Magistrate, 1st Class, Dihari (Rohtas) in Complaint Case No. 115(C) of 2012, so far as the Petitioners are concerned, is hereby, set aside. (Anjana Prakash, J) S.Ali/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05/2016 Transmission Date 05/2016