Patna High CourtCR. MISC./10241/2015dismissed

Md. Mobin Alam v. State Of Bihar And ANR

2017-12-08Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10241 of 2015 Arising Out of PS.Case No. -699 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Mobin Alam,son of Md. Mushtaque Alam, Resident of villageBhelaganj, P.S.- Jokihat, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Naseh Anjum @ Bibi Rumi D/o Md. Nasimuddin W/o Md. Mobin Alam, at present resident of village- Macchela Kelabari, P.S.- Mahalgaon, Dist- Araria ... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner seeks quashing of cognizance order dated 24.08.2013 passed by the Sub Divisional Judicial Magistrate, Araria in Complaint Case No. 699C of 2013 thereby taking cognizance of offence under Section 498A of I.P.C. against the petitioner.

Allegation in brief is that complainant married the petitioner in the year 2010 but after marriage, he was not happy with dowry and other articles given in the marriage, so started making demand of further dowry and started torturing and assaulting her, ultimately ousted her from matrimonial home in the year 2011.

Patna High Court Cr.Misc. No.10241 of 2015 (3) dt.08-12-2017 2/2 Learned counsel for the petitioner submits that in the anticipatory bail application, while granting provisional anticipatory bail to the petitioner, the Court directed to pay Rs. 75,000/- of Dain Mehar and the same was paid by the petitioner and now complainant has got married to some other person. Having considered submission of the learned counsel of the petitioner, it does not make out a case for setting aside the criminal proceeding as well as cognizance order for the reason that the allegations made in the complaint against the petitioner, who happens to be the husband, do make out a prima facie case under Section 498A of I.P.C. So, this application stands dismissed. (Arun Kumar, J) Sujit/- U T