Manzar Ansari @ Md. Manzar Ansari @ Guddu v. The State Of Bihar And ANR.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23690 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- KISANGANJ =========================================================== Manzar Ansari @ Md. Manzar Ansari @ Guddu, son of Md. Kasim Ansari, R/V Barsoi, Bazar Maszid Chauwk, P.S. Barsoi, Distt. Katihar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Anwari Khatoon, W/o Md. Manjar Ansari @ Guddu, resident of Village Barsoi Bazar, Masjid Chowk, P.S. Barsoi, District- Katihar, at present residing at Village Babubasti Teghariya, P.S. Kishanganj, Distt. Kishanganj .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : None =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 19-05-2017 Heard learned counsel for the petitioner. The Opposite Party No. 2 did not appear despite valid service of notice.
2. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 21.02.2011 passed by the Sub-Divisional Judicial Magistrate, Kishanganj in Complaint Case No. C-959.2010 by which the learned Magistrate has taken cognizance under Section 498A of the Indian Penal Code against the petitioner and other accused persons.
3. As per the complaint petition, the complainant was married with the petitioner in the year 2007 according to the Muslim rite. She was tortured and assaulted by the petitioner for demand of dowry. The complainant also learnt that her husband has affair with another lady. The petitioner had brought that lady to his house and asked the complainant to live with her. The complainant raised
Patna High Court Cr.Misc. No.23690 of 2011 dt.19-05-2017 2/2 objection then she was assaulted and ousted from the house. The husband of the complainant performed another marriage.
4. Lower Court Record has been received in this case. The complainant in her S.A. has fully supported her case leveling specific allegation of torture and performance of another marriage. The statements of other four witnesses have also been recorded. They have all supported the case of the complainant.
5. The Court below after holding enquiry on the basis of allegation made in the complaint and considering the statement made by the complainant in her S.A. and statements of the witnesses, passed the impugned order. Therefore, this Court does not find any error in the impugned order of the learned Magistrate. 6.
Accordingly, this Criminal Miscellaneous Application is dismissed.
7. The petitioner may raise all the points as raised in this application at the time of framing of charge before the court below which shall be disposed of in accordance with law. (Sanjay Priya, J) S.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.05.2017 Transmission Date