Patna High CourtCR. MISC./47872/2014allowed

Shashi Bhushan Kumar And ORS v. State Of Bihar And ANR

2016-04-21Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47872 of 2014 Arising Out of Complaint Case No. -26824(C) Year- 2014 District- PATNA ======================================================

1. Shashi Bhushan Kumar, S/o Sri Ram Balak Singh

2. Indu Devi, W/o Shashi Bhushan Kumar

3. Manish Kumar, S/o Shashi Bhushan Kumar All are resident of village- Kutari, P.S.- Warsaliganj, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Richa Kumari, D/o Sri Gopal Chaudhary, resident of Mohalla- Chetna Samity Path, Sri Nagar Colony, P.S.- Shastri Nagar, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. J. Upadhyay (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 21-04-2016 Heard learned counsel for the Petitioners and the State. The Petitioners who are the in-laws of the Opposite Party No. 2 seek quashing of the order of cognizance dated 14.7.2014 passed by the Sub Divisional Judicial Magistrate, Patna, in Complaint Case No. 26824C of 2014.

The case of the Complainant is that she was married to Ankur Kumar on 20.1.2012 whereafter she went to her matrimonial home. However, she was tortured in various ways and ousted from the matrimonial home.

It has been submitted on behalf of the Petitioners that in fact, after marriage, the Complainant came and stayed with them only

Patna High Court Cr.Misc. No.47872 of 2014 dt.21-04-2016 2/2 for a very short period and when her husband left for Bengalore, she never came back. In fact, she was provided all kinds of amenities by the husband but it did not satisfy her and instead she instituted the present Complaint.

On the other hand, the counsel for the Complainant submits that since the Petitioners are parents-in-law, they should be put on Trial.

Having considered the vague nature of allegation against the Petitioners, the application is allowed and the Proceeding including the order of cognizance dated 14.7.2014 passed by the Sub Divisional Judicial Magistrate, Patna, in Complaint Case No. 26824C of 2014, is hereby, set aside, so far as they are concerned. (Anjana Prakash, J) S.Ali/- AFR/NAFR CAV DATE Uploading Date Transmission Date