Anuplal Mehta And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53862 of 2013 Arising Out of PS.Case No. -811 Year- 2011 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ===========================================================

1. Anuplal Mehta Son Of Sri Kishore Kumar Kishore Resident Of Village- Bhane Bigha, P.S.- Makhdumpur, District- Jehanabad

2. Kishore Kumar Kishore Son Of Late Ram Bilash Singh Resident Of VillageBhane Bigha, P.S.- Makhdumpur, District- Jehanabad

3. Saroj Devi Wife Of Sri Kishore Kumar Kishore Resident Of Village- Bhane Bigha, P.S.- Makhdumpur, District- Jehanabad .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Premlata Devi D/O Vishnudeo Prasad Resident Of Village- Dharampur, P.S.- Shakurabad, District- Jehanabad .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-04-2016 Learned counsel for the petitioner seeks permission to withdraw the application so far as the Petitioner no. 1 is concerned. The application is dismissed as such.

The rest of the petitioners who are the in-laws seek quashing of the order of none discharge dated 11.11.2013 passed by the SubDivisional Judicial Magistrate, Jehanabd in Complaint Case No. 811 of 2011.

The case of the complainant is that she was married with the Petitioner no. 1 on 07.06.2011 where after she went to her

Patna High Court Cr.Misc. No.53862 of 2013 dt.08-04-2016 2/2 matrimonial home. However, the in-laws started misbehaving and ousted her from the matrimonial home.

It has been submitted on behalf of the petitioners that fact of the matter is that Petitioner no. 2 and her relatives had gone to see the daughter of Vishnudeo Prasad. He had shown another girl and by fraud the marriage was performed. It is on account of this a dispute arose between them and the Petitioner no. 2 was compelled to file a case of cheating against the family members of the Opposite Party no. 2 bearing Complaint Case No. 890 of 2011. The present complaint and allegations of torture for non-fulfillment of dowry is false. Having considered the aforesaid, the application is allowed and the order of none discharge dated 11.11.2013 passed by the SubDivisional Judicial Magistrate, Jehanabd in Complaint Case No. 811 of 2011, is hereby set aside so far as Petitioners 2 and 3 are concerned.

(Anjana Prakash, J) Prakash/- U T