Allowed

Savita Devi v. State Of Bihar and Anr.

Patna HC17 Nov 2014CR. MISC./12619/2014

Case brief

AI extract

What is this about?

The High Court allowed an application to quash the cognizance order passed by the Judicial Magistrate in a domestic violence case against the petitioner, setting aside proceedings initiated against her as sister-in-law.

What did the court decide?

Application allowed; proceeding against petitioner including the order dated 18.1.2014 passed by the Judicial Magistrate, 1st class, Patna in Beur P.S. case No.200 of 2012 is set aside.

Savita Devi Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12619 of 2014

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Arising Out of PS.Case No. -200 Year- 2012 Thana -BEUR District- PATNA

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====================================================== 1. Savita Devi Wife Of Chandra Bhushan Jha, Resident Of Lawapur, Police Station- Mahnar, District- Vaishali, At Present Resident Of New Mahabir Colony, Beur Police Station- Beur, District- Patna.

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.... .... Petitioner/s Versus 1. The State Of Bihar 2. Puza Devi Daughter Of Birendra Jha, Resident Of 59, New Panjabi Colony, Near Gurudwara, Chitkohra, Police Station- Gardaniagh, DistrictPatna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Dhar Jha, Advocate For the State : Mr. Raj Ballabh Singh, APP For Opposite Party No.2 : Mr. A.K. Jha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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5 17-11-2014 The Petitioner, who is the sister-in-law of the Opposite Party No.2, seeks quashing of the order of cognizance dated 18.1.2014 passed by the Judicial Magistrate, 1^st class, Patna in Beur P.S. case No.200 of 2012.

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The case of the Informant is that she was married to Santosh Kumar Mishra on 26.2.2008 and out of the wedlock a male child was born, who was about three years old. Initially she spent happy days with her husband but later on the in-laws started to instigate her husband to torture the Petitioner and she was tortured by various means by rest of the family members.

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It has been submitted on behalf of the Petitioner that fact of the matter is that there were some differences between the spouses which led to institution of the First Information Report. She had instituted Gardanibagh P.S. case No.105 of 2010 as

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Patna High Court Cr.Misc. No.12619 of 2014 (5) dt.17-11-2014

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2/2

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against the husband and subsequently filed the present case specifically against the Petitioner as well so as to put pressure upon her husband. It has also been submitted that the Petitioner is the married sister-in-law and she was not even living along with the Informant and therefore there is no question of instigating her brother i.e. husband of the Informant to torture her. Moreover it is impossible to believe that a person who had a child would be tortured to the extent she had stated in the First Information Report.

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On the other hand, the Counsel for the Informant submits that the Petitioner is the sister-in-law of the Informant and active member of the family, who had instigated her husband to torture her, and herself had done so along with their husband, she should be put on trial.

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Having gone through the earlier case as also the facts of the present First Information Report, I would be inclined to hold that the prosecution deserves to be set aside. Hence, the application is allowed and the proceeding so far as the Petitioner is concerned including the order dated 18.1.2014 passed by the Judicial Magistrate, 1^st class, Patna in Beur P.S. case No.200 of 2012 is hereby set aside.

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Narendra/-

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(Anjana Prakash, J)

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U T

Savita Devi v. State Of Bihar and Anr.

Case brief

What is this about?

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Savita Devi v. State Of Bihar and Anr.

Case brief

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