Hari Shankar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20185 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
HARI SHANKAR MISHRA, S/O- LATE BHUBNESHWAR MISHRA, Village- Dhoi Ghat PS- Sadar Dist- Darbhanga 2.
Mandodari Devi @ Vidhottma Mishra, wife of Hari Shankar Mishra, Village- Dhoi Ghat PS- Sadar Dist- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dolly Kumari, wife of Rishi Kant, Mishra Village- Dhoi Ghat, PS- Sadar Dist- Darbhanga at present- Village- Lokahi Atari PS- Lokahi DistMadhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The present application under Section 482 of the CrPC has been filed seeking quashing of an order taking cognizance for commission of the offences punishable under Sections 341, 342, 324, 326, 307, 498A, 504, 506 read with Section 34 of the IPC and Section 3/4 of the Dowry Prohibition Act. The petitioners are father-in-law and mother-in-law of the informant.
3. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20185 of 2023(2) dt.16-10-2023 2/2 petitioners has submitted that the petitioners have been implicated merely because they are parents of the husband of the Opposite Party No. 2, the informant. He has submitted that there is no specific allegation against these petitioners of demand of dowry and torture therefor.
4. Be that as it may, I am not inclined to interfere with the order taking cognizance in the absence of the plea that there was absolutely no material before the trial court based on which cognizance of the offences could have been taken.
5. Learned counsel for the petitioners after some argument, however, seeks permission to withdraw this application with a liberty to take the plea, which has been taken in the present application, at appropriate stage before the court below.
6. This application is accordingly dismissed as withdrawn with the liberty as sought.
(Chakradhari Sharan Singh, J) suraj/- U T