Patna High CourtCR. MISC./32073/2008allowed

Neelu Choudhary @ Neela Choudhary And ORS v. The State Of Bihar And ANR

2015-08-31Justice Smt. Anjana Prakash2 pages

Patna High Court Cr.Misc. No.32073 of 2008 dt.31-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32073 of 2008 Arising Out of PS.Case No. -0 Year- null Thana -null District- ARRARIA ===========================================================

1. Neelu Choudhary @ Neela Choudhary wife of Krishna Nand Choudhary

2. Aparna Singh wife of Bijay Kumar Singh.

3. Bijay Kumar Singh S/o Bachu Singh .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shyam Kumar S/o Late Rajnandan Choudhary .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-08-2015 No one appears on behalf of the O.P. No. 2.

Petitioners who are in-laws of the daughter of the informant seek quashing of the order of cognizance dated 11.12.2007 passed by the Sub-Divisional Judicial Magistrate, Araria in Araria P.S. Case No. 458 of 2006.

The case of the informant is that his daughter Shipra was married with one Dushyant Kumar on 28.04.2005 on which occasion large number of gifts were given to the in-laws. However, they started demanding dowry on account of which he had to bring his daughter from Jaipur to Araria when she disclosed all the facts to him. It is for this reason that the present first information report has been instituted. It has been submitted on behalf of the petitioners that they were

Patna High Court Cr.Misc. No.32073 of 2008 dt.31-08-2015 separate from the house hold of the informant's daughter and her husband and hence no offence is made out against them. Moreover, allegations in the first information report is completely vague and general.

Having considered the facts of the case, I would be inclined to agree with the submissions of the petitioners. Hence the application so far as the petitioners are concerned is allowed and the order of cognizance dated 11.12.2007 passed by the Sub-Divisional Judicial Magistrate, Araria in Araria P.S. Case No. 458 of 2006 is hereby set aside.

(Anjana Prakash, J) Prakash/- U T