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Patna High CourtCR. MISC./19708/2016dismissed

Shriram Yadav And ORS v. State Of Bihar And ANR

2025-04-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19708 of 2016 Arising Out of PS. Case No.-2415 Year-2015 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

Shriram Yadav and Ors Son of Late Babu Lal Yadav 2.

Marjado Devi Wife of Shriram Yadav 3.

Dharmendra Yadav Son of Shriram Yadav All resident of village - Bahelia, P.S. Guthani, District - Siwan 4.

Meera Devi Wife Bindhyachal Yadav, Daughter of Shriram Yadav 5.

Bindhyachal Yadav Son of Rajendra Yadav Both resident of village - Daraila, P.S. Guthani, District - Siwan 6.

Narsingh Yadav Son of Late Ramdas Yadav 7.

Lasmina Devi Wife of Narsingh Yadav 8.

Pankaj Yadav Son of Narsingh Yadav 9.

Sonam Kumari Daughter of Narsingh Yadav All resident of village - Dhanauti, P.S. Bhatpar District Deoria U.P.

10.

Birendra Yadav Son of Late Ramayan Yadav Resident of village - Katai Tikat, P.S. Bhatpar District Deoria U.P.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Mansa Devi @ Manisha Daughter of Late Vishwanath Chaudhary Resident of village - Kashihari, P.S. Darauli, District Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Shantanu Kumar App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-04-2025 Heard the parties.

2. It has been submitted by the learned counsel for the petitioner that the petitioner no. 01 has died.

3. Accordingly, this application is dismissed as withdrawn with regard to the petitioner no. 1.

Patna High Court CR. MISC. No.19708 of 2016(5) dt.22-04-2025 2/2

4. This application has been filed on behalf of the petitioner for quashing the order taking cognizance dated 2.2.2016 passed by the ACJM, VI, Siwan in connection with Complaint Case No. 2415 of 2015.

5. The opposite party no. 02 has filed a complaint case in the Court of CJM, Siwan alleging therein that she was married to one Upendra Kumar Yadav and after her marriage when she reached her matrimonial house the accused persons demanded Rs. 50,000/- as dowry from her father. The accused persons have also threatened her that Upendra Kumar Yadav will remarry, if the demand will not be fulfilled. She further alleged that Upendra Kumar Yadav has remarried with Sonam Kumari.

6. Learned counsel for the petitioners wants this Court to consider the defence of the petitioners at the stage of cognizance which is not permissible in law.

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

(Sandeep Kumar, J) Vikas/- U