Dilip Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21700 of 2012 ====================================================== Dilip Kumar & Ors.

.... .... Petitioner/s

Versus

The State of Bihar & Anr.

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. J.K.Roy 1 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 19-02-2015 No one appears on behalf of the Opposite Party no. 2. The application so far as the Petitioner no. 1 is concerned is permitted to be withdrawn. The rest of the petitioners who are in-laws of the complainant seek quashing of the order dated of cognizance dated 19.12.2011 passed by the SubDivisional Judicial Magistrate, Ara, Bhojpur in Complaint Case No. 133C of 2011.

The case of the complainant is that she was married to the petitioner no. 1 in the year 2010. Even though the marriage had been performed on account of love between them and without dowry but later on she was subjected to torture for ends of dowry. When she became pregnant she was administered some medicine due to which she aborted.

The allegation appears to be largely targeted against the husband with whom there was a grievance that even though he had

Patna High Court Cr.Misc. No.21700 of 2012 (4) dt.19-02-2015 2/2 married her willingly, he was not treating her well. The submission of the petitioners is that in the complaint petition there is no specific instance of torture having been meted out to the complainant for ends of dowry by them. It appears that the relationship between husband and wife souved for some reason and hence present complaint was filed against the husband as well as his parents and other relations so as to bind him into compromise.

Considering such submissions, the application stands allowed so far as the petitioners are concerned and the order dated of cognizance dated 19.12.2011 passed by the Sub-Divisional Judicial Magistrate, Ara, Bhojpur in Complaint Case No. 133C of 2011 is hereby set aside.

(Anjana Prakash, J) Prakash/- U T