Ram Dular Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36105 of 2012 Arising out of P.S. Case No. -267 Year- 2011 Thana -Buxar (M) District- BUXAR.

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1. Ram Dular Singh, S/o Late Brahmjeet Singh.

2. Radhika Devi, W/o Ram Dular Singh.

3. Mamta Kumari, D/o Ram Dular Singh.

4. Reena Devi, W/o Prabhakar Singh.

5. Sanjay Singh.

6. Ajay Kumar @ Tinku Kumar, Both Sons of Ram Dular Singh. All resident of New Sahadeo Nagar, Ranchi, P.O. and P.S. Henru Pandara, District-Ranchi (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shweta Kumari, D/o Ambika Prasad Singh, Wife of Sanjay Singh, Resident of Village-Kamarpur, P.S.-Buxar (M), District-Buxar. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. B.J. Ojha, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 27-10-2015 Learned Counsel for the Petitioners is permitted to withdraw the application so far as Petitioner No. 5, Sanjay Singh is concerned.

As for the rest of the Petitioners who are the in-laws seek quashing of the order of cognizance dated 11.05.2012 passed by the Sub-divisional Judicial Magistrate, Buxar in Buxar (M) P.S. Case No. 267 of 2011.

The case of the Informant is that she was married to the Petitioner No. 5 on 29.01.2008 whereafater she went to her matrimonial home but she was tortured for ends of dowry and thereafter ousted from the matrimonial home.

It has been submitted on behalf of the Petitioners that fact of the matter is that the Petitioner No. 1 after

Patna High Court Cr.Misc. No.36105 of 2012 dt.27-10-2015 retirement from Army in 1983 joined as Security Guard in Central Coalfield Ltd. Ranchi and he was residing at Ranchi since then along with rest of the family. Where the Petitioner No. 5 is concerned he was living with his wife at Delhi. The Petitioners No. 3, 4 and 6 are the unmarried sister-in-law, married sister-in-law and brother-in-law respectively residing in Ranchi. In the First Information Report there is no specific overt act alleged against the Petitioners and the allegations are vague in nature.

On the other hand, Counsel for the Informant submits that the husband has been playing foul with his wife and, therefore, the entire family should be put on trial. Having considered the location of the present Petitioners and that the Informant used to live with her husband at Delhi, the proceeding including the order of cognizance dated 11.05.2012 passed by the Sub-divisional Judicial Magistrate, Buxar in Buxar (M) P.S. Case No. 267 of 2011 is, hereby, set aside so far as the Petitioners No. 1, 2, 3, 4 and 6 are concerned.

The Application stands allowed with the aforesaid observations.

Vikash/- (Anjana Prakash, J.) U T