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Patna High CourtCR. MISC./46037/2014allowed

Rani Devi v. State Of Bihar And ANR

2015-03-12Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46037 of 2014 Arising Out of PS.Case No. -217 Year- 2013 Thana -BEUR District- PATNA ====================================================== Rani Devi W/o Sri J.P. Vats @ Jay Prakash Vats resident of Mohalla Nehru Nagar P.S. Patliputra District Ptna .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-03-2015 The petitioner seeks quashing of the order dated 01.09.2014 passed by the S.D.J.M, Patna in G.R. Case No. 5306 of 2013 arising out of Beur P.S. Case No. 217 of 2013. The case of the informant is that she was married to Kumar Chandan on 14.02.2013 on which occasion large number of gifts were given to the in-laws. After marriage she learnt that her husband had affairs with the petitioner and when she protested she was assaulted by him and other family members. It has been submitted on behalf of the petitioner that considering the allegation in the first information report, no offence whatsoever is made out against the petitioner since she had no direct relation with the informant nor is there any allegation of torture levelled against her.

On the other hand informant submits that the petitioner

Patna High Court Cr.Misc. No.46037 of 2014 (2) dt.12-03-2015 2/2 being the lady with whom her husband had an illicit relationship, she should be put on trial.

However, considering the facts stated above, the application is allowed so far as the petitioner is concerned and the order dated 01.09.2014 passed by the S.D.J.M, Patna in G.R. Case No. 5306 of 2013 arising out of Beur P.S. Case No. 217 of 2013 is hereby set aside.

(Anjana Prakash, J) Prakash/- U T