Partly allowed

Guriya Kumari@Guriya Devi and Ors. v. the State of Bihar and Anr.

Patna HC5 Dec 2012CR. MISC./7028/2012

Case brief

AI extract

What is this about?

A criminal miscellaneous petition filed by a sister-in-law and husband of an accused person prayed for quashing of an order taking cognizance in a domestic dispute FIR. The court accepted the submission that allegations against most petitioners were perfunctory while retaining the husband for trial.

What did the court decide?

The order dated 22.7.2011 by A.C.J.M. is quashed to the extent it relates to Petitioners No.1, 2 and 3; Petitioner No.4 to be adjudicated in Trial Court.

Guriya Kumari@Guriya Devi and Ors. Vs the State of Bihar and… — Quashing and FIR | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.7028 of 2012

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====================================================== 1. Guriya Kumari @ Guriya Devi w/o Ranjit Ranjan R/o Vill-DaulatpurSimri, P.S. Bihta, Distt-Patna 2. Arti Kumari D/o Sri Ramjee Prasad 3. Pooja Kumari D/o Sri Ramjee Prasad 4. Suraj Kumar S/o Sri Ramjee Prasad, all three resident of Vill- Dulhin Bazar, P.S. Dulhin Bazar, Distt-Patna

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Bindu Devi D/o Sri Doman Saw R/o Vill Belkhara, P.S. Karpi, DisttArwal

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.... .... Opposite Party/s ====================================================== Appearance :

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For the Petitioner/s : Mr. A.K. Sinha, Advocate For Opposite Party No.1 : Mr. Ram Chandra Sahani, A.P.P. For Opposite Party No.2 : None

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====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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4 05-12-2012 No one appears on behalf of the Opposite Party No.2 despite repeated calls.

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The Petitioners, who happened to be the sister-in-law and the husband of the Opposite Party No.2, seek quashing of the order dated 22.7.2011 passed by the A.C.J.M, Danapur in Dulhin Bazar P.S. case No.4 of 2011, by which he has taken cognizance in the matter.

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The case of the informant is that she was married with the Petitioner No.4 on 1.6.2009 according to Hindu rites and rituals. However on account of demands of Hero Honda motorcycle the marriage could not succeed. The allegation is that all the family

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Patna High Court Cr.Misc. No.7028 of 2012 (4) dt.05-12-2012

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members used to regularly torture her.

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It has been submitted on behalf of the Petitioners that the allegation centers around the conduct of her husband and where the rest of the allegation is concerned it is perfunctory in nature and, therefore, at least the Petitioners No.1, 2 and 3 should be discharged from prosecution.

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Having gone through the First Information Report, I am inclined to accept the submission raised on behalf of the Petitioners and hence the order dated 22.7.2011 passed by the A.C.J.M., Danapur in Dulhin Bazar P.S. case No.4 of 2011 is quashed so far as it relates to the Petitioners No.1, 2 and 3.

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As for the case of the Petitioner No.4, it shall be adjudicated in the Trial Court without being prejudiced by this order.

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Application is partly allowed.

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(Anjana Prakash, J)

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Narendra/-

Guriya Kumari@Guriya Devi and Ors. v. the State of Bihar and Anr.

Case brief

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Guriya Kumari@Guriya Devi and Ors. v. the State of Bihar and Anr.

Case brief

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