Sandhya Tiwari @ Sandhya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52722 of 2023 Arising Out of PS. Case No.-842 Year-2022 Thana- DANAPUR District- Patna ====================================================== Sandhya Tiwari @ Sandhya Kumari Wife Of Late Rajesh Tiwary Resident Of Village- Kali Mandir Colony, Rps More, Ps- Danapur, Distt- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Madhu Malti Kumari Wife Of Akshay Kumar @ Rishu Resident Of VillageShastri Nagar (Back Of K V Sahay High School), Ps- Shastri Nagar, DisttPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-07-2024 This application has been filed for quashing of the order dated 16.01.2023 passed by the learned A.C.J.M.-1st, Danapur in connection with G.R. No. 3614 of 2022 arising out of Danapur P.S. Case No. 842 of 2022.

2. The petitioner is the mother-in-law of the O.P. No. 02 and she has approached this Court for quashing of the impugned order dated 16.01.2023 by which cognizance has been taken by the court below under Sections 341, 323, 498(A), 379, 504, 506 of the Indian Penal Code read with Section 3⁄4 of Prevention of Dowry Act.

3. The complainant has made specific allegation of demand of dowry, assault and torture against the petitioner. This

Patna High Court CR. MISC. No.52722 of 2023(2) dt.29-07-2024 2/2 Court cannot quash the order taking cognizance when the offences are made out from the reading of the complaint and the statement of the witnesses.

4. In these circumstances, this application is dismissed with liberty to the petitioner to raise all the points at an appropriate Stage.

(Sandeep Kumar, J) Shishir/- U T