Patna High CourtCR. MISC./38787/2014allowed

Raghuni Thakur And ORS. v. State Of Bihar And ANR

2016-02-03Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38787 of 2014 Arising Out of PS.Case No.1900-C Year- 2010 District- WEST CHAMPARAN (BETTIAH) ===========================================================

1. Raghuni Thakur, Son of Late Bangali Thakur

2. Sanpati Devi, Wife of Raghuni Thakur

3. Amaresh Thakur, Son of Raghuni Thakur All residents of Village - Rampurwa, P.S. - Chanpatia, Distt - West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Devi, daughter of late Chandrama Thakur, resident of village Tikuliya, P.S. Chanpatia, Distt. West Champaran.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the State : Mr. Rajendra Nath Jha, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-02-2016 Heard learned counsel for the Petitioners and the State. The Petitioners who are the parents-in-law and brother of the husband of the Opposite Party No. 2 seek quashing of the order of cognizance dated 12.10.2011 passed in Complaint Case No. 1900C of 2010 by the Sub Divisional Judicial Magistrate, Bettiah, West Champaran.

The case of the Complainant is that she was married to Anand Thakur about six years back but she was tortured for ends of dowry and finally ousted from the matrimonial home. It has been submitted on behalf of the Petitioners that it

Patna High Court Cr.Misc. No.38787 of 2014 dt.03-02-2016 2/2 is impossible to believe that a person would be tortured for ends of dowry for six years and in fact, there was some dispute between the husband and wife which has led to institution of the present Complaint on trumped-up charges.

Having considered that the allegations are vague and sweeping in nature as against the Petitioners which do not inspire confidence, the application is allowed and the Proceeding including the order of cognizance dated 12.10.2011 passed in Complaint Case No. 1900-C of 2010 by the Sub Divisional Judicial Magistrate, Bettiah, West Champaran, is hereby set aside in respect to the Petitioners.

(Anjana Prakash, J) S.Ali/- U T