Allowed

Kailashi Devi and Ors. v. The State Of Bihar and Ors.

Patna HC12 May 2016CR. MISC./33198/2014

Case brief

AI extract

What is this about?

Petitioners, who are the in-laws of a complainant, sought quashing of a trial order arising from allegations of domestic torture. The Court allowed the petition, setting aside the order against them due to vague allegations.

What did the court decide?

Allowance of application; quashing and setting aside of the order dated 9.10.2012 passed by the Judicial Magistrate, 1st Class, Dihari against the petitioners.

Kailashi Devi and Ors. Vs The State Of Bihar and Ors. — Domestic Violence | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.33198 of 2014

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Arising Out of Complaint Case No. -115 (C) Year- 2012 Thana -ROHTAS COMPLAINT CASE District- SASARAM (ROHTAS)

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===========================================================

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Kailashi Devi, wife of late Chote Lal

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Gudia Kumari, daughter of late Chote Lal

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Both resident of village-Gari Khana, Dham Ghar, P.S.-Khagaul, District-Patna.

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Ram Ashish Ram, son of late Nanhak Ram

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Raj Kumari Devi, wife of Ram Ashish Ram,

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Santoshi Kumari, daughter of Ram Ashish Ram,

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Rani Devi, wife of Ashok Ram

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Ashok Ram, son of Satyanarayan,

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Both resident of village-Sandalpur, Ambedkar Colony, P.O.-Mahendru, P.S.Sultanganj, District-Patna.

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Sunil Ram, Son of Dena Ram

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Sheela Devi, wife of Sunil Ram

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Both resident of Simri Nahar, P.S.-Rupaspur, District-Patna.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Shilawati Devi, Wife of Radhe Kishun Ram,

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Shushila Devi, Wife of Vinod Kumar and daughter of Late Kishori Lal Both resident of Mohalla-Barah Pathar, Ambedkar Nagar, Ward N. 36, P.S.-Dehri, District-Rohtas (Bihar)

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

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

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For the Petitioner/s : Mr. Ajey Kumar, Adv. For the State : Mr. Navin Kr. Pandey, A.P.P. For the Opposite Parties : None.

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=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-05-2016

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Heard learned counsel for the Petitioner and the State.

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No one appears on behalf of the Opposite Parties.

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The Petitioners seeks quashing of the order dated 9.10.2012 passed by the Judicial Magistrate, 1^st Class, Dihari (Rohtas)

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in Complaint Case No. 115(C) of 2012.

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Patna High Court Cr.Misc. No.33198 of 2014 dt.12-05-2016

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2/2

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The Petitioners are the in-laws of the Opposite Party No. 3. A Complaint was instituted in regard to her torture at the hands of her in-laws after her marriage with Binod Kumar on 18.6.2010.

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It has been submitted on behalf of the Petitioners that they are separate in mess and had absolutely no concern with the affairs of husband and wife. The allegations in the Complaint petition are more over completely vague and rambling which does not justify putting the Petitioners on Trial.

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Considering the aforesaid, the application is allowed and the order dated 9.10.2012 passed by the Judicial Magistrate, 1^st Class, Dihari (Rohtas) in Complaint Case No. 115(C) of 2012, so far as the Petitioners are concerned, is hereby, set aside.

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(Anjana Prakash, J)

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S.Ali/-
AFR/NAFR	NAFR
CAVDATE	N/A
UploadingDate	05/2016
Transmission Date	05/2016

Kailashi Devi and Ors. v. The State Of Bihar and Ors.

Case brief

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Kailashi Devi and Ors. v. The State Of Bihar and Ors.

Case brief

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