Patna High CourtCR. MISC./37128/2014allowed

Shankar Dayal Sah @ Shankar Dayal Sao v. State Of Bihar And ANR

2016-04-07Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37128 of 2014 Arising out of P.S. Case No. -1066 Year- 2010 Thana - MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================== Shankar Dayal Sah @ Shankar Dayal Sao Son of Late Nathilal Sah Resident of Village - Mahanth Maniyari, P.S. - Maniyari, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rinki Devi Wife of Jai Prakash Sah Resident of Village - Mahanth Maniyari, P.S. - Maniyari, Dist. - Muzaffarpur. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 07-04-2016 The Petitioner who is the father-in-law of the Opposite Party No. 2 seeks quashing of the order of discharge dated 02.07.2014 passed by the Sub-divisional Judicial Magistrate, West, Muzaffapur in Tr. No. 1548 of 2014 arising out of Complaint Case No. 1066 of 2010.

The case of the Complainant is that she was married to the son of the Petitioner on 15.06.2005 whereafter a child was born in the year 2007 but she was not treated well and tortured for ends of dowry and thereafter ousted from the matrimonial home.

It has been submitted on behalf of the Petitioner that he lives in his village home whereas the Complainant used to live with her husband at Kolkata and he had no

Patna High Court Cr.Misc. No.37128 of 2014 dt.07-04-2016 concern with the daily affairs of the husband and wife. On the other hand, Counsel for the Complainant submits that since the Petitioner is the father-in-law he should take responsibility of the family he should be put on trial.

Having considered the relationship of the Petitioner and the duration of marriage, the proceeding including the order of discharge dated 02.07.2014 passed by the Subdivisional Judicial Magistrate, West, Muzaffapur in Tr. No. 1548 of 2014 arising out of Complaint Case No. 1066 of 2010 is, hereby, set aside so far as the Petitioner is concerned. The Application stands allowed.

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