Bhola Sah And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2793 of 2015 Arising Out of PS.Case No. -68 Year- 2012 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Bhola Sah, Son of Late Jiyalal Sah

2. Bhaleshwari Devi @ Aalo Devi Wife of Bhola Sah Both are resident of village - Bakrikol, P.S- K. Nagar (Maranga), District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Usha Devi, Wife of Rajesh Kumar Sah Resident of Srinagar Cooperative Bazar, P.S- K. Nagar (Sri Nagar ), Distt- Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2017 Heard both sides.

The petitioners seek quashing of the order dated 23.03.2013 by which the prima facie case under Section 323 and 498A was found against the petitioners. The complainant filed a complaint case making allegation that her husband demanded additional dowry and due to non-fulfillment of demand of dowry, she was subjected to physical and mental torture. Petitioners are father-in-law and mother-in-law of the complainant. Learned Judicial Magistrate found prima facie case and proceeded against the petitioners under Sections 323 and 504 of the Indian Penal Code.

Patna High Court Cr.Misc. No.2793 of 2015 (2) dt.18-03-2017 2/2 Learned counsel for the petitioners after some argument seeks permission to withdraw this quashing petition with liberty to raise all the points at the time of framing of charge. Accordingly, this quashing petition stands dismissed as withdrawn with liberty to raise all the points at the time of framing of charge.

(Prabhat Kumar Jha, J) Mishra/- U T