Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84055 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== ASHUTOSH KUMAR, Son of Sri Vimlesh Kumar Sharma, Resident of Village / Mohalla - Ward No. 07, Arpa, P.S.- Hilsa, District- Nalanda. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Aibhi Kumari Wife of Ashutosh Kumar, (D/O - Ashok Kumar) Resident of Mohalla - Arpa, P.S.- Hilsa, District- Nalanda. At present Address- Resident of Village - Jhunathhi, P.S.- Kinjar, District- Arwal ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar, Advocate For the Opposite Party :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

In this case, the petitioner is challenging the order dated 23.04.2019 passed by the learned S.D.J.M., Arwal in connection with Complaint Case No.143 of 2018, whereby and whereunder the learned Magistrate has taken cognizance against the petitioner for the offence under section 498-A of the Indian Penal Code and under section 4 of the Dowry Prohibition Act. 3.

As per complaint petition, the marriage of the complainant was solemnized with the petitioner in the year 2011 according to Hindu rituals. However, after the birth of a girl, the accused persons including the petitioner started torturing the complainant for demand of dowry and on account of non-fulfillment of the said demand, the accused persons ousted the complainant from the house after beating her and

Patna High Court CR. MISC. No.84055 of 2019(8) dt.10-07-2025 2/2 snatching her ornaments.

4.

Learned counsel for the petitioner submits that the allegations made in the complaint petition are false and concocted and in fact no demand was ever made from the opposite party no.2 and she was never tortured by the accused persons.

5.

Learned counsel for the opposite party no.2 has supported the impugned order taking cognizance and has submitted that the allegations made in the complaint petition are true.

6.

At the stage of cognizance, this Court will not enquire into the veracity of the allegations by conducting a mini trial on the basis of the defence materials produced by the petitioner.

7.

I do not find any merit in this application.

Accordingly, this quashing application is dismissed. The interim order of stay granted vide order dated 19.12.2019 is hereby vacated.

(Sandeep Kumar, J) pawan/- U T