Patna High CourtCR. MISC./20181/2014dismissed

Md. Kurban v. State Of Bihar And ANR

2017-07-04Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20181 of 2014 Arising Out of P.S.Case No. -1726 Year- 2012 Thana -MADHUBANI COMPLAINT CASE District- MADHUBANI ====================================================== Md. Kurban S/o Late Md. Shubhan Resident of Village Meran, Madrapur, Police Station Rajnagar, District Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Haira Khatoon W/o Md. Kurban, D/o Md. Mustakim Resident of Village Gauri Meran, Lalapur, P.S. Rajnagar, District Madhubani. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ratanakar Jha, Advocate For the Opposite Party No.2 : Mr. Rajesh Ranjan, Advocate For the State : Mr. Humayu Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-07-2017 Heard.

2. This application under Section 482 of the Cr.P.C. has been filed to quash the order dated 11.02.2013 passed by Sri Basasnt Kumar, Judicial Magistrate, Ist Class, Madhubani in Complaint Case No.1726 of 2012 (Trial No.2733 of 2013) whereby and whereunder cognizance for the offence under Section 498A of the IPC was taken against the petitioner.

3. After hearing both sides and on perusal of documents enclosed with this application, I find that this petitioner is the husband of Opposite Party No.2 having specific allegation that after marriage which took place in the year 2010, this petitioner

Patna High Court Cr.Misc. No.20181 of 2014 (6) dt.04-07-2017 2/2 started torturing her as the demand of Rs.50,000/- was not fulfilled by the Opposite Party No.2 or her parents. The complainant at the time of enquiry supported the allegation on her solemn affirmation. Besides that the witnesses examined on her behalf also supported the allegation of assault and torture. The court below on being satisfied with the materials on record summoned the petitioner to face the trial for the offence under Section 498A of the IPC.

4. In view of discussions made above, I do not find any merit in the this application. This application is devoid of merit and is accordingly dismissed.

(Sanjay Kumar, J) B.Kr./- U T