Partly allowed

Dhananjay Prasad Singh @ Dhananjay Singh and Ors. v. State Of Bihar and Anr.

Patna HC9 Oct 2014CR. MISC./11077/2014

Case brief

AI extract

What is this about?

This order quashes the cognizance order dated 08.04.2013 in Complaint Case No. 84 of 2012 concerning two in-laws petitioners due to insufficient evidence of specific overt acts of torture, while dismissing the application against the husband petitioner based on lack of merit given domestic differences attributed to his drinking habits.

What did the court decide?

The order of cognizance dated 08.04.2013 against Petitioners No. 1 and 2 (in-laws) was set aside; the application against Petitioner No. 3 (husband) was dismissed.

Dhananjay Prasad Singh @ Dhananjay Singh and Ors. Vs State… — Dowry and Cruelty | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 11077 of 2014

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Arising out of P.S. Case No. -84 Year- 2012 Thana - BHAGALPUR COMPLAINT CASE District- BHAGALPUR

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=================================================== 1. Dhananjay Prasad Singh @ Dhananjay Singh Son of Late Laxman Singh.

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1. Shushila Devi Wife of Dhananjay Prasad Singh.

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Mitesh Kumar Son of Dhananjay Singh @ Dhananjay Prasad Singh All Resident of Village - Khiddi, P.S.-Rajoun, Dist.-Banka. .... .... Petitioner/s Versus

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The State of Bihar.

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Bharti Kumari Daughter of Late Munna Roy and Wife of Nitesh Kumar Resident of Village- Khiddi, P.S. Rajoun, Dist. Banka at Present Resident of Uper Tola, Gwal Toli, Jogsar, P.S Kotwali, Dist.-Bhagalpur.

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.... .... Opposite Party/s

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

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For the Petitioner/s :Mr. Mritunjay Prasad Singh, Adv. For the Opposite Party/s: Mr. Jitendra Kr.Roy 1 (APP)

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

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04. 09.10.2014 The Petitioners seek quashing of the order of cognizance dated 08.04.2013 passed by the SubDivisional Judicial Magistrate, Bhagalpur in Complaint Case No. 84 of 2012.

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The case of the Complainant is that she was married to the Petitioner No. 3 in the year 2011 on which occasion large number of gifts were given to the in-laws but unfortunately for reasons of more dowry she was variously tortured and ousted from the matrimonial home.

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It has been submitted on behalf of the

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Patna High Court Cr.Misc. No.11077 of 2014 (4) dt.09-10-2014

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Petitioners that where the Petitioners No. 1 and 2 are concerned they are the In-laws of the Complainant and there is no specific overt act of torture against them.

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It appears that the main grouse was against the husband that he was a drunkard and on account of which there were differences between the spouses which has led to the institution of other cases as well.

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Considering the fact situation, the application is allowed and the order of cognizance dated 08.04.2013 passed by the Sub-Divisional Judicial Magistrate, Bhagalpur in Complaint Case No. 84 of 2012 is, hereby, set aside so far as the Petitioners No. 1 and 2 are concerned.

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As for Petitioner No. 3, I see no merit in the application. The same is dismissed.

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The application stands partly allowed.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Dhananjay Prasad Singh @ Dhananjay Singh and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Dhananjay Prasad Singh @ Dhananjay Singh and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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