Ramanand Kumar v. The State Of Bihar Through The Principal Secrteary Deptt. Of Home Govt. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1865 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- MAHILA P.S. District- Saharsa ====================================================== RAMANAND KUMAR S/o Ram Pravesh Yadav R/o Village- Dengrahi, P.S.- Salkhua, Dist- Saharsa.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRTEARY DEPTT. OF HOME GOVT. OF BIHAR, PATNA Bihar 2.
The Director General of Police, Bihar, Patna Bihar 3.
The Superintendent of Police, Saharsa. Bihar 4.
The Deputy Superintendent of Police, Saharsa. Bihar 5.
The Station House Officer (S.H.O.), Salkhua Police Station, Dist- Saharsa. Bihar 6.
The Investigating Officer, Salkhua P.S. Case No. 67/2019, Dist- Saharsa. Bihar 7.
Shikha Kumari W/o Ramanand Kumar D/o Binod Yadav Resident of Village- Dengrahi, P.S.- Salkhua, Dist- Saharsa, at Present resident of Mohalla- Batraha, Ward No.25, P.S.- Saharsa, Dist- Saharsa. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vipin Kumar For the Respondent/s :
Mr.Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-05-2023 Heard learned counsel for the parties.
This application has been filed for quashing the F.I.R. of Saharsa Mahila P.S. Case No. 67 of 2019 passed by learned Judicial Magistrate, Saharsa, registered against the petitioner and his family members for the offences under Sections 498(A), 323, 379, 504, 506 and 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
The prosecution case, in brief, is that one Shikha
Patna High Court CR. WJC No.1865 of 2019(4) dt.02-05-2023 2/3 Kumari who claimed that her marriage was solemnized with one Ramanand Kumar (Petitioner) on 17.12.2019 as per Hindu rites and rituals.
It has also been alleged that her father had spent Rupees Two Lakh Fifty Thousand in her marriage. After marriage on the next day she went her matrimonial house where her in-laws and family members started torturing. It has further been alleged that she had informed her father and brother about the incident on 8.1.2019 thereafter they came to her matrimonial house and gave Rs. 51,000/- in cash and on the next day paid Rs. 4,50,000/- through the bank. Thereafter, she has been allowed to go with her father and brother.
It has also been alleged that after she went to her parental house, the husband broke all ties with her and her father-in-law demanded five lakh rupees and one bullet motorcycle as dowry.
It has been submitted by the learned counsel for the State and the private respondent that in his deposition the petitioner has himself submitted that he had got married to Sikha Kumari without informing his father and he had filed the F.I.R. wrongly.
Patna High Court CR. WJC No.1865 of 2019(4) dt.02-05-2023 3/3 In view of the above, this application is dismissed. (Sandeep Kumar, J) Guddu/- U T