Shyam Bihari Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38725 of 2014 Arising out of P.S. Case No. -1219 Year- 2014 Thana -SIWAN COMPLAINT CASE District- SIWAN ========================================================

1. Shyam Bihari Singh Son of Ram Balak Singh.

2. Ram Balak Singh.

3. Shakuntala Devi Wife of Ram Balak Singh.

4. Raju Singh Son of Ram Balak Singh.

5. Mantu Singh Son of Ram Balak Singh.

6. Vijay Singh Son of Ram Balak Singh All Resident of villageNayanpura (Naharpar), P.S.- Pachrukhi, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lilawati Devi Wife of Shyam Bihari Singh, D/o Late Nageshwar Singh Resident of village- Itawan, P.S.- Pachrukhi, DistrictSiwan. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 05-11-2015 Learned Counsel for the Petitioners is permitted to withdraw the application so far as the Petitioner No. 1, Shyam Bihari Singh is concerned.

As for the rest of the Petitioners who are the in-laws seek quashing of the order of cognizance dated 19.06.2014 passed by the Sub-divisional Judicial Magistrate, Siwan in Complaint Case No. 1219 of 2014 (Tr. No. 4725 of 2014). The case of the Complainant is that she was married to the Petitioner No. 1 on 01.06.2013 on which occasion large number of gifts were given to the in-laws. Later

Patna High Court Cr.Misc. No.38725 of 2014 dt.05-11-2015 on, she went to the matrimonial home she was tortured for ends of dowry. After ten days, they started threatening her that they would leave her. She was also abused and assaulted by the husband and her sister-in-law after which she was ousted from the matrimonial home.

It has been submitted on behalf of the Petitioners that the Complainant merely stated that after the marriage some issue arose between the husband and wife which has led to institution of the Complaint in which the rest of the Petitioners have been unnecessarily roped in. On the other hand, Counsel for the Complainant submits that since the Petitioner No. 1 is refusing to cohabitat with the wife all the accused persons should be put on trial.

Having considered the vague nature of allegations against the Petitioners and the relation-ship, the proceeding including the order of cognizance dated 19.06.2014 passed by the Sub-divisional Judicial Magistrate, Siwan in Complaint Case No. 1219 of 2014 (Tr. No. 4725 of 2014) is, hereby, set aside so far as the Petitioners No. 2 to 6 are concerned. The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T