Allowed

Dinanath Sah and Anr. v. State Of Bihar and Anr.

Patna HC9 Dec 2014CR. MISC./10339/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court quashed proceedings against petitioners for dowry harassment. The Court accepted that torture demands for money are implausible and noted prior complainant filings, setting aside the order of non-discharge.

What did the court decide?

The entire proceeding including the order of non-discharge dated 17.04.2013 is set aside.

Dinanath Sah and Anr. Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 10339 of 2014

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Arising out of P.S. Case No. -250 Year- 2011 Thana -DINARA District- SASARAM (ROHTAS)

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===================================================

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Dinanath Sah.

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Lakshamina Devi W/o Dinanath Sah Both Resident of VillageBhawal, P.S- Dinara, District- Rohtas..... .... Petitioner/s Versus

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The State of Bihar.

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Meena Devi Daughter of Sudarshan Sah R/o Village- Kushahi, P.S- Nokha, District- Rohtas. .... .... Opposite Party/s

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=================================================== Appearance :

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For the Petitioner/s : Mr. Surendra Kumar Choubey, Adv. For the Opposite Party/s: Mr. Suresh Pd. Singh (APP)

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

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04. 09.12.2014

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No one appears on behalf of the Opposite Party No.

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The Petitioners who are the parents-in-law of the Opposite Party No. 2 seek quashing of the entire proceeding including the order of non-discharge dated 17.04.2013 passed by the Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in Dinara P.S. Case No. 250 of 2011 (G.R. No. 1060 of 2011, Tr. No. 1725 of 2012/1309 of 2013).

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The case of the Complainant is that she was married to Arvind Sah on 07.06.2006 according to Hindu Rituals and thereafter went to her matrimonial home. However, every one started demanding a motor-cycle and additional money for conducting business. When her family refused she was assaulted by the in-laws who also poured kerosene oil on her body. Subsequently, her husband came on 02.10.2011 to take her from the maternal home and she started living there but once again demands started being made and she was tortured.

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Patna High Court Cr.Misc. No.10339 of 2014 (4) dt.09-12-2014

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It has been submitted on behalf of the Petitioners

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that it is impossible to believe that any person would be tortured for five years for ends of dowry. Fact of the matter is that there was some incompatibility between the spouses which had led to institution of previous Complaint vide Complaint Case No. 166 of 2010 which is still pending before the SDJM, Bikramganj, Rohtas while the same was pending the present Complaint has been filed for same purpose. If at all the facts of the present Complaint can be incorporated in the earlier Complaint.

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I am inclined to agree with the aforesaid

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submission.

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Hence, the application is allowed and entire proceeding as against the Petitioners including the order of non-discharge dated 17.04.2013 passed by the Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in Dinara P.S. Case No. 250 of 2011 (G.R. No. 160 of 2011, Tr. No. 1725 of 2012/1309 of 2013) is, hereby, set aside.

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The Application stands allowed.

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However, the quashment of the present proceeding shall have no bearing on any other litigations and the facts of the Complaint is permitted to be read in Complaint Case No. 166 of 2010.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Dinanath Sah and Anr. v. State Of Bihar and Anr.

Case brief

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Dinanath Sah and Anr. v. State Of Bihar and Anr.

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