Partly allowed

Arbind Kumar @ Arbind Kumar Mahto and Ors. v. the State of Bihar and Anr.

Patna HC18 Apr 2016CR. MISC./7536/2011

Case brief

AI extract

What is this about?

The High Court issued an oral judgment quashing an impugned order partially. The application was dismissed against the first petitioner, while the orders against petitioners 2 to 5 were set aside due to vague allegations and a prior divorce filing.

What did the court decide?

Application dismissed against Petitioner 1; application allowed against Petitioners 2-5, and impugned order set aside for them.

Arbind Kumar @ Arbind Kumar Mahto and Ors. Vs the State of… — Dowry and Cruelty | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.7536 of 2011

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Arising Out of PS.Case No. -0 Year- null Thana -null District- SAMASTIPUR

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=========================================================== 1. Arbind Kumar @ Arbind Kumar Mahto Ram Bilash Mahto Resident Of VillageShahpur, P.S. Khodaband Pur District- Begusarai At Present Of Bishnupuri, Chitkohra, Anisabad, P.S. Gardanibagh, Distt.- Patna

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Ram Bilash Mahto Late Tilo Mahto Resident Of Village- Shahpur, P.S. Khodaband Pur District- Begusarai At Present Of Bishnupuri, Chitkohra, Anisabad, P.S. Gardanibagh, Distt.- Patna

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Rama Devi W/O Ram Bilash Mahto Resident Of Village- Shahpur, P.S. Khodaband Pur District- Begusarai At Present Of Bishnupuri, Chitkohra, Anisabad, P.S. Gardanibagh, Distt.- Patna 4. Arun Kumar Ram Bilash Mahto Resident Of Village- Shahpur, P.S. Khodaband Pur District- Begusarai At Present Of Rosara Bazar,P.S. Rosara, DistrictSamastipur

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Amrendra Kumar Ram Bilash Mahto Resident Of Village- Shahpur, P.S. Khodaband Pur District- Begusarai At Present Of Bishnupuri, Chitkohra, Anisabad, P.S. Gardanibagh, Distt.- Patna

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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Smt. Anju Kumari D/O Sri Upendra Mahto Village- Bachouli, P.S. Khanpur, District- Samastipur

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

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=========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 18-04-2016

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The petitioner seeks quashing of the order dated

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24.10.2010 passed by the Sub-Divisional Judicial Magistrate, Samastipur in C.R. No. 1091 of 2004, T. R. No. 360 of 2010.

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In the nature of dispute between the parties the matter was sent to the Meditation Centre but the Opposite Party no. 2 never appeared there.

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Patna High Court Cr.Misc. No.7536 of 2011 dt.18-04-2016

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2/3

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A supplementary affidavit has been filed stating therein that the complainant has no interest in the matter since she has remarried.

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Counsel for the Opposite Party no. 2 submits that he has no instruction from her.

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The case of the complainant is that she was married to the Petitioner no. 1 on 25.06.2001 but she was tortured for ends of dowry and finally ousted from the matrimonial home on 02.10.2003.

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The submission on behalf of the petitioners is that the complainant does not want to live with her husband and therefore, has instituted the present false complaint.

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Be that as it may, I am not inclined to entertain the application so far as the Petitioner no. 1 is concerned. Hence the application so far as he is concerned is dismissed with direction to the Court below to conclude the trial positively, within four months from the date of receipt of a copy of this order without granting any unnecessary adjournment to any party.

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As for the rest of the petitioners, in view of the vague nature of allegations against them and the fact that the husband had filed divorce case even before the present case, the application is allowed and the order dated 24.10.2010 passed by the Sub-Divisional Judicial Magistrate, Samastipur in C.R. No. 1091 of 2004, T. R. No.

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Patna High Court Cr.Misc. No.7536 of 2011 dt.18-04-2016

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3/3

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360 of 2010 so far as the Petitioners no. 2-5 are concerned are hereby

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set aside.

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(Anjana Prakash, J)

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Prakash/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date25.4.2016
Transmission 25.4.2016
Date

Arbind Kumar @ Arbind Kumar Mahto and Ors. v. the State of Bihar and Anr.

Case brief

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Arbind Kumar @ Arbind Kumar Mahto and Ors. v. the State of Bihar and Anr.

Case brief

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What did the court decide?

What the court decided

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