Rohit Kumar And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 26440 of 2014 Arising Out of PS.Case No. -535 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ===========================================================
1. Rohit Kumar Son of Sri Ram Bilas Singh at present 311 Field Regiment A.P.O.:
2. Ram Bilas Singh Son of Late Thakur Dayal Singh
3. Sanjay Singh, Son of Sri Ram Bilas Singh
4. Hiramani Devi, wife of Sri Ram Bilas Singh All residents of Village : Durgawati Karnpura, Pipra, P.O. & P.S.: Durgawati, District : Kaimur (Bhabua). .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Anita Pandey wife of Shri Rohit Kumar resident of Village: Durgawati Karnpura, Pipra, P.O. & P.S.: Durgawati, District: Kaimur (Bhabua), at present residing at Village: Naubatpur, P.O. & P.S.: Naubatpur, District: Patna. .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr Sada Nand Rai, Advocate For the I n f o r m a n t : M/s Prabhakar Singh & Rakesh Mohan Singh, Advocates =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 12-07-2017 Heard learned counsel for the petitioners, informant and learned APP for the State.
2 Counsel for the petitioners submits that Opposite Party No 2, who has implicated them in the criminal proceedings under Section 498A and other sections of Indian Penal Code, was married from before with one Mr Manoj Das. He further submits that they have already taken steps for obtaining divorce with Opposite Party No
2. From the records of the instant case, it transpires that after notice
Patna High Court Cr.Misc. No.26440 of 2014 dt.12-07-2017 2/2 upon Opposite Party No 2, the matter was referred to the Patna High Court, Mediation & Conciliation Centre and interim report of Mediation Centre shows that efforts of mediation failed due to nonappearance of petitioner No 1. 3 On the allegation levelled against the petitioners specifically in the complaint petition, it is quite apparent that ingredients of the offence, under which cognizance have been taken, are made out.
4 In view of such factual position, this Court cannot interfere with the criminal prosecution under Section 482 of Criminal Procedure Code. This application is dismissed. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 13-07-2017 Transmission Date 13-07-2017