Allowed

Ajitabh Kumar @ Madhu v. State Of Bihar and Anr.

Patna HC4 Dec 2014CR. MISC./25634/2014

Case brief

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What is this about?

The High Court at Patna allowed a criminal miscellaneous application seeking quashing of the cognizance order in a dowry harassment case. The court observed that allegations against the petitioner, a relative living separately without involvement in domestic affairs, were unreliable due to lack of specific overt acts or instances.

What did the court decide?

The order of cognizance dated 05.03.2014 passed in Sohsarai P.S. Case No.38 of 2013 by the Chief Judicial Magistrate is hereby set aside.

Ajitabh Kumar @ Madhu 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.25634 of 2014 Arising Out of PS.Case No. -38 Year- 2013 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF)
	====================================================== 1. Ajitabh Kumar @ Madhu, S/o Ramji Mahto, resident of village - Khasganj, P.S.- Sohsarai, District- Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Pratima Kumari, W/o Sanjeev Kumar @ Gora and D/o Sudhir Kumar, resident of mohalla Khasganj, P.S. Sohsarai, District Nalanda. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bharat Lal, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORALORDER
3/	04-12-2014 The Petitioner, who is the brother-in-law (Nandosi)
	of the informant, seeks quashing of the order of the cognizance
	dated 05.03.2014 passed in Sohsarai P.S. Case No.38 of 2013 (G.R.No.953 of 2013) by the Chief Judicial Magistrate, Nalanda at Biharsharif.

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The case of the Informant is that she was married Sanjeev Kumar @ Gora on 14.07.2010 on which occasion large number of gifts were given to the in-laws. However, the in-laws started demanding more dowry and on account of non fulfillment of the same she was severely tortured and finally thrown out of the matrimonial home. Where the Petitioner is concerned, it is said that even he joined rest of the accused in torturing the Informant.

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Counsel for the Petitioner submits that on going

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Patna High Court Cr.Misc. No.25634 of 2014 (3) dt.04-12-2014

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2/2

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through the First Information Report one can see that there is no specific overt act alleged against the Petitioner, who used to live separately and had no concerned with the domestic affairs of the

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Informant or her immediate in-laws.

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On the other hand, counsel for the Informant submits that since charge-sheet has been submitted as against him, he should be prosecuted.

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Having gone through the facts and circumstances of

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the case, I would be of the view that where the Petitioner by virtue of relationship is concerned, the allegation appears to be unreliable. Also there is no specific instance which would justify putting the Petitioner on trial.

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Hence, the order of the cognizance dated 05.03.2014 passed in Sohsarai P.S. Case No.38 of 2013 (G.R.No.953 of 2013) by the Chief Judicial Magistrate, Nalanda at Biharsharif, is hereby set aside.

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The application stands allowed.

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However, this quashment of the proceeding shall have no bearing on the main litigation.

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(Anjana Prakash, J)

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JA/-

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U T

Ajitabh Kumar @ Madhu v. State Of Bihar and Anr.

Case brief

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Ajitabh Kumar @ Madhu v. State Of Bihar and Anr.

Case brief

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