Patna High CourtCR. MISC./18542/2015disposed

Bijendra Das And ORS. v. State Of Bihar And ANR

2015-04-30Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18542 of 2015 Arising Out of PS.Case No. -284 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Bijendra Das son of Late Lakhan Das

2. Sardha Devi wife of Bijendra Das

3. Lakho Kumari D/o Bijendra Das All resident of village- Pachmahala P.s. Pandarak Dist. Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neeru Kumari wife of Mukesh Kumar village- Mora Talab Bena DistrictNalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-04-2015 The petitioners seek quashing of the order dated 28.07.2014/31.07.2014 passed by the learned Sub Divisional Judicial Magistrate, Barh in Complaint Case No. 284(C) of 2014, whereby, finding a prima facie case to be made out for the offences under sections 498-A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, the petitioners have been summoned to face trial. The aforementioned summoning order has been passed after perusing the allegations made in the complaint as well as statement of the complainant recorded on oath and the statement of the witnesses recorded in course of enquiry conducted under section 202 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.18542 of 2015 (2) dt.30-04-2015 2/2 Neither the statement of the complainant nor the statement of the enquiry witnesses has been brought on record. In absence of the aforementioned statements, I find it difficult to decide this case on merits.

In that view of the matter, the application is disposed of with liberty to the petitioner to file another application before this Court in the same subject matter after bringing on record all the relevant documents.

(Ashwani Kumar Singh, J) Pradeep/- U T