Patna High CourtCR. MISC./34429/2014dismissed

Rajneesh Kumar Gupta v. The State Of Bihar

2017-07-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34429 of 2014 Arising Out of P.S.Case No. -225 Year- 2011 Thana -BEGUSARAI TOWN District- BEGUSARAI =========================================================== Rajneesh Kumar Gupta son of Raj Kumar Gupta , resident of Quarter No. 116 . Road No. 8 , Sri Krishna Nagar , P.S. -Budha Colony , District - Patna . .... .... Petitioner

Versus

1. The State of Bihar

2. Sangita Kumari, daughter of Late Arun Prasad, resident of village-Miyachak (Marwari Mohalla), P.S. Nagar Begusasrai, District-Begusarai. .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Parties : Mr. Shakir Ahmad, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 28-07-2017 Heard.

2. The petitioner has filed this application under Section 482 of the Cr.P.C. for quashing the entire proceeding of G.R.No.1767 of 2011 arising out of Begusarai P.S.Case No.225 of 2011 for the offence under Sections 498A, 341, 323, 504/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act as well as the order dated 21.06.2014 passed by SDJM, Begusarai whereunder his prayer of discharge filed under Section 239 of the Cr.P.C. has been rejected.

3. On going through the impugned order and annexures attached with this application, I find that this petitioner is full brother of the husband of the informant against whom she has alleged that her husband and other in-laws including the petitioner used to demand Rs. two lacks as further dowry for starting business by her husband besides television and refrigerator. The accuseds snatched her belongings including ornaments and ousted her from the matrimonial house. The matter was investigated and police submitted

Patna High Court Cr.Misc. No.34429 of 2014 dt.28-07-2017 2/2 chargesheet. The court below took cognizance against the petitioner and other coaccused. The learned Magistrate finding sufficient material in case diary as well has rejected the prayer of the petitioner filed under Section 239 of the Cr.P.C as per detailed order.

4. Considering the facts stated above, I do not find any merit in the criminal miscellaneous application. Accordingly, this application is dismissed. (Sanjay Kumar, J) B.Kr./- AFR/NAFR NAFR CAV DATE Uploading Date 01.08.2017 Transmission Date 01.08.2017