Shyamanand Jha And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52819 of 2018 Arising Out of PS. Case No.-31 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Shyamanand Jha Son of Late Rajni Kant Jha 2.

Arun Kala Devi, Wife of Shyamanand Jha, Both resident of VillageRampur, P.S. Katihar M, District- Katihar. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Jyoti Kumari @ Jyoti Jha daughter of Binay Jha wife of Satyendra Kumar Jha resident of Mohalla- Nasarath Khani Nath Nagar, P.S. Lalmatiya Nath Nagar, District- Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr.Sri Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. This application has been filed for quashing of order dated 25.04.2017 passed by learned S.D.J.M, Bhagalpur in Complaint Case No. 31 of 2016 by which learned Magistrate has taken cognizance against the petitioners for the offences under Sections 323 and 498A of the Indian Penal Code.

3. Petitioners are the mother-in-law and father-in-law of the complainant and it is alleged that they demanded dowry and assaulted the complainant.

4. It has been submitted by learned counsel for the petitioners that husband of the opposite party no. 2 has

Patna High Court CR. MISC. No.52819 of 2018(4) dt.08-08-2023 2/2 appeared in the maintenance case bearing Maintenance Case No. 109 of 2017 pending in the Court of Principal Judge, Family Court, Bhagalpur.

5. The Maintenance Case No. 109 of 2017 pending in the Court of Principal Judge, Family Court, Bhagalpur shall be disposed of within three months of receipt/copy of this order. The Principal Judge, Family Court, Bhagalpur will proceed exparty against non-cooperating party.

6. With the aforesaid observation and direction, this application is dismissed. The petitioners are given liberty to raise all the grounds at the stage of framing of charge.

7. Let a copy of this order be communicated to the District Judge, Bhaglpur for its compliance through FAX and email forthwith.

8. The Trial Court is directed to expedite the trial. (Sandeep Kumar, J) Harsh/ U T