Md. Asfaque Alam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19314 of 2014 Arising ut of P.S. Case No.2310 Year 2012 Thana BHAGALPUR COMPLAINT CASE District BHAGALPUR ====================================================== Md. Asfaque Alam Son of late Md. Ishak resident of MohallaVishwanathganj, Ward No.-5, Khagaria, P.S.- Khagaria, Distt.- Khagaria .... .... Petitioner
Versus
1. The State of Bihar
2. Najma Khatoon W/o Md. Asfaque Alam, D/o Md. Haroon, Presently residing at village Barahat Ishipur, P.S. Barahat, Distt. Bhagalpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Awadesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. This quashing petition is filed for setting aside the order taking cognizance dated 02.01.2012/02.01.2013, passed by learned Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case No.2310 of 2012 whereby cognizance is taken under Section 498(A) of the Indian Penal Code.
Learned counsel for the petitioner submits that though the petitioner is husband but it is the wife who does not want to live with him and gives pressure for selling his shop and move to Barahat where her parents home is situated. The petitioner did not agree to the proposal so she left matrimonial house. Moreover husband has also filed a case for restitution of
Patna High Court Cr.Misc. No.19314 of 2014 (6) dt.30-06-2017 2 / 2 conjugal right.
The learned APP submits that there is no illegality in the order of cognizance and the petitioner is husband having specific allegation against him of torturing her for bringing more dowry.
The allegation in brief in the complaint, lodged by the wife, against the petitioner is that she was married in the year 2005 but she was being tortured by petitioner for bringing more dowry and also for protesting illicit relationship with another woman.
Having considered the rival submissions and considering the facts as alleged in the complaint petition as also materials on record, a prima facie case under Section 498(A) of the Indian Penal Code is made out against the petitioner so there is no ground for interfering with the order taking cognizance dated 02.01.2012/02.01.2013, passed by learned Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case No.2310 of 2012. Accordingly, this petition stands dismissed.
(Arun Kumar, J.) S.Kumar/- U T