Allowed

Ramashish Mahto and Ors. v. State Of Bihar and Anr.

Patna HC19 Aug 2014CR. MISC./5985/2014

Case brief

AI extract

What is this about?

High Court allowed a petition seeking quashing of an order of cognizance in a dowry harassment case, setting aside proceedings against the petitioners who are in-laws of the complainant, noting allegations of extramarital relations caused the dispute.

What did the court decide?

The proceedings so far as the petitioners are concerned including the order of cognizance dated 12.1.2011 is set aside.

Ramashish Mahto and Ors. 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.5985 of 2014

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Arising Out of PS.Case No. -549 Year- 2010 District- SAMASTIPUR ====================================================== 1. Ramashish Mahto Son of Late Jadu Mahto 2. Sonma Devi Wife of Ramashish Mahto 3. Vinod Mahto Son of Ramashish Mahto 4. Sunita Devi Wife of Vinod Mahto, All R/O Village Belsandi Tara, P.S. Bibhutipur, District Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Brajmala Kumari Wife of Vishwanth Mahto R/O Village Belsandi Tara, P.S. Bibhutipur, District Samastipur

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.... .... Opposite Party/s ====================================================== Appearance :

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For the Petitioner/s : Mr. Uma Shankar Pd. Singh, Advocate For the State : Mr. Vinod Shankar Modi, A.P.P. For Opposite Party No.2 : None ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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7 19-08-2014 The Petitioners, who are the parents-in-law, brother-inlaw and sister-in-law of the Complainant, seek quashing of the order of cognizance dated 12.1.2011 passed by the S.D.J.M., Samastipur in Complaint case No.549 of 2010 (Trial No.1981 of 2011) so far as it relates to them.

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The case of the Complainant is that she was married to Bishwanath Mahto in 2001, on which occasion large number of gifts were given to her in-laws. However, even after birth of two children the accused persons started demanding additional dowry and then for non-fulfilment of the same ousted her from the matrimonial home.

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Patna High Court Cr.Misc. No.5985 of 2014 (7) dt.19-08-2014

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2/2

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It has been submitted on behalf of the Petitioners that fact of the matter is that the Complainant had established relations with anti social elements, on account of which a dispute arose between the husband and wife which led to institution of the present Complaint. The police had made enquiry in the matter and found that the Petitioners were separate from the Complainant and her husband and on such ground the Petitioners seek exoneration from the prosecution.

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No one appears on behalf of the Opposite Party No.2. Considering the allegations in the Complaint petition and the submissions raised on behalf of the present Petitioners, the application is allowed and the proceedings so far as the Petitioners are concerned including the order of cognizance dated 12.1.2011 passed by the S.D.J.M., Samastipur in Complaint case No.549 of 2010 (Trial No.1981 of 2011) is hereby set aside.

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(Anjana Prakash, J)

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Narendra/-

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U T

Ramashish Mahto and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

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Ramashish Mahto and Ors. v. State Of Bihar and Anr.

Case brief

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What the court decided

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