Bala Nath Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54711 of 2023 Arising Out of PS. Case No.-1801 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

BALA NATH PANDEY Son of Late Ramanuj Pandey Resident of village - Naya Pandey Tola, Shanti Bagh, ward no. 22, Narkatiaganj, P.S. - Shikarpur, Distt. - West Champaran 2.

Sima Devi W/o Bala Nath Pandey Resident of village - Naya Pandey Tola, Shanti Bagh, ward no. 22, Narkatiaganj, P.S. - Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Amita Kumari W/o Kaushik Kumar, D/o Sharma Pathak R/o vill - Sahdewa, ward no. 05, P.S. - Raxaul, Dist. - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-07-2024 Heard learned counsel for the petitioners, learned counsel for the O.P. No. 02 and learned APP for the State.

2. This application has been filed on behalf of the petitioners for quashing the order dated 20.12.2022 passed by the SDJM, Bettiah, West Champaran in Complaint Case No. 1801-C/2019 (SC No. 1870 of 2022).

3. As per the prosecution case, the petitioners are the mother-in-law and father-in-law of the complainant and there is allegation of demand of dowry and torture against the petitioners.

Patna High Court CR. MISC. No.54711 of 2023(7) dt.01-07-2024 2/2

4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and there is general and omnibus allegation against all the accused persons.

5. Only because the petitioners are the mother-in-law and father-in-law of the victim, their defence cannot be seen by this Court at this stage.

6. Accordingly, this application is dismissed with liberty to the petitioners to raise all their grounds at the stage of framing of charge.

(Sandeep Kumar, J) Vikas/- U T