Niraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49887 of 2013 Arising Out of PS. Case No.-326 Year-2010 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Niraj Kumar Son of Prof. Vidya Sagar Prasad Resident of Hilsa (Town), P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

1. The State of Bihar

2. Madhu Priya D/o Arun Kumar Sinha, R/o Mohalla- Bhainsasur, Near Telephone Exchange, P.S.- Bihar Sharif, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date : 06-04-2018 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of opposite party no.2.

2. The quashing application has been filed by the petitioner, husband of the complainant of Complaint Case No.326C of 2010, for setting aside the criminal proceeding inclusive of the order of cognizance dated 11.06.2010 taken under Sections 498(A), 406, 323, 379 and 504/34 of the Indian Penal Code, passed by learned SDJM, Nalanda at Bihar Sharif.

3. Learned counsel for the petitioner submits that the petitioner is the husband and the grievance of the wife is that

Patna High Court Cr.Misc. No.49887 of 2013 dt.06-04-2018 2/2 marriage was solemnized by falsely representing that the petitioner is a Software Engineer and further that he asked his wife to demand Rs.5,00,000/- from her parents due to financial crisis and in such situation it cannot be considered demand of dowry.

4. Learned counsel appearing on behalf of opposite party no.2 submits that there is specific allegation in the complaint that the complainant was tortured by the petitioner and other family members for not bringing the further dowry of Rs.5,00,000/- from her parents and ultimately she was ousted from the matrimonial home and quashing application of other co-accused has already been dismissed by this Court.

5. The Court does not find any ground for quashing the order of cognizance in the matter as the allegations levelled in the complaint do disclose the ingredients of the offence, hence the quashing application stand dismissed.

(Arun Kumar, J) S.KUMAR/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.04.2018 Transmission Date 10.04.2018