Allowed

Kishore Mishra and Ors. v. State Of Bihar and Anr.

Patna HC18 Nov 2014CR. MISC./17478/2014

Case brief

AI extract

What is this about?

The High Court allowed the petition filed by parents-in-law to quash specific orders of the Chief Judicial Magistrate in a dowry harassment case, setting aside those orders against them while leaving other proceedings unaffected.

What did the court decide?

The orders dated 22.1.2014 and 1.2.2014 passed by the Chief Judicial Magistrate, Darbhanga, so far as the petitioners are concerned, are set aside.

Kishore Mishra and Ors. Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17478 of 2014

¶2

Arising Out of Sakatpur P.S. Case No. -25 Year- 2013 Thana -SAKATPUR DistrictDARBHANGA

¶3

====================================================== 1. Kishore Mishra, son of late Dashrath Mishra 2. Jogita Mishra @ Yugata Devi, wife of kishore Mishra 3. Rita Devi @ Thengaha Wali, wife of Radheshayam Mishra All resident of village Lagma (Uttar Tola), P.S. Sakatpur, Distt. Darbhanga. .... .... Petitioner/s Versus 1. The State of Bihar 2. Guddi Devi, wife of Manoj Kumar Mishra, resident of village Ujjan (Pachimi Tola), P.S. Sakatpur, Distt. Darbhanga. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Kumar Choudhary, Adv. For the State : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

¶4

3 18-11-2014 Heard learned counsel for the Petitioners and the State.

¶5

The Petitioners who are the parents-in-law of the Informant seek quashing of the orders dated 22.1.2014 and 1.2.2014 passed by the Chief Judicial Magistrate, Darbhanga, in connection with Sakatpur P.S. Case No. 25 of 2013 arising out of Complaint Case no. 197 of 2013.

¶6

The case of the Complainant is that she was married to one Manoj Kumar Mishra, son of the Petitioners No. 1 and 2 and cousin of Petitioner No. 3 in the year 2008 whereafter, she gave birth to a male child. However, despite the same, in-laws started torturing her for ends of dowry and she was finally ousted from

¶7

Patna High Court Cr.Misc. No.17478 of 2014 (3) dt.18-11-2014

¶8

2/2

¶9

her matrimonial home.

¶10

It has been submitted on behalf of the Petitioners that it is absurd to believe that a person who was married in the year 2008 and had also given birth to a child would be tortured for ends of dowry. Moreover, there is no allegation that the Petitioners had caused serious injuries.

¶11

Notices had been issued to the Opposite Party No. 2 but none appears on her behalf.

¶12

Considering the relationship between the Parties and the nature of allegations, the application is allowed the orders dated 22.1.2014 and 1.2.2014 passed by the Chief Judicial Magistrate, Darbhanga, in connection with Sakatpur P.S. Case No. 25 of 2013 arising out of Complaint Case no. 197 of 2013, so far as the Petitioners are concerned, is hereby set aside.

¶13

However, the quashment of the present Proceeding shall have no bearing on any other litigations/claims.

¶14

(Anjana Prakash, J)

¶15

S.Ali/-

¶16

U T

Kishore Mishra and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Kishore Mishra and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gulab Chand Singh Vs The State Of Bihar

Savita Devi Vs State Of Bihar and Anr.

Md. Kalim @ Kalim Uddin and Ors. Vs State Of Bihar and Anr.

Khurshid Rabbani Vs State Of Bihar and Anr.

Jitendra Prasad Gupta Vs State Of Bihar and Anr.

Ravi Shankar Pandey Vs State Of Bihar and Anr.