Dismissed

Ugranath Jha and Anr. v. State Of Bihar and Anr.

Patna HC10 Apr 2017CR. MISC./43074/2013

Case brief

AI extract

What is this about?

Petitioners challenging the dismissal of their discharge plea under Section 239 CrPC in a dowry torture case. The court found the lower order upheld as allegations of assault and torture against the petitioners constituted sufficient material, dismissing the quashing plea.

What did the court decide?

Quashing petition dismissed; order dated 20.08.2013 upholding cognizance stands confirmed.

Ugranath Jha and Anr. Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.43074 of 2013

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Arising Out of PS.Case No. – 02 Year- 2011 Thana –Kaluahi District- MADHUBANI

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

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Ugranath Jha s/o Bisheshwar Jha r/v- Loha, P.S. – Kaluahi, District – Madhubani

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Bandana Kumari @ Murti Kumari d/o Late Laxman Jha, r/v- Gauri Das Tole, P.S. – Kaluahi, District – Madhubani

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Usha Jha w/o Amit Kumar Jha, r/v- Loha, P.S. – Kaluahi, District - Madhubani

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

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

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For the Petitioner/s : Mr. Ratnakar Jha, Adv. For the Opposite Party/s : Mr. Shardanand Jha, APP

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=========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 10-04-2017

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Heard both sides.

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2. The petitioners seek quashing of the order dated 20.08.2013 passed in Kaluahi P.S. Case No. 02/2011 corresponding to Sessions Trial No. 2897/2013, G.R. No. 34/11 by which the petition of the petitioners filed under Section 239 of the Cr.P.C for their discharge has been dismissed.

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3. Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R., but their names figured in the case during the course of investigation and the cognizance was taken under Sections 498A, 323, 341, 504 and 34 of the Indian Penal Code. The petitioners filed petition stating therein that the petitioner no. 1

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Patna High Court Cr.Misc. No.43074 of 2013 dt.10-04-2017

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2/2

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was in jail at the time of occurrence and there is no specific allegation against Bandana Kumari @ Murti Kumari petitioner no. 2, but from perusal of the order of learned Judicial Magistrate Ist Class, Madhubani, it appears that the learned Judicial Magistrate, Madhubani has considered the entire materials available on record and found that there is sufficient material against petitioner no. 1 Ugranath Jha who happens to be father-in-law and Bandana Kumari @ Murti Kumari petitioner no. 2 who was living with the husband of the informant. They assaulted the informant and also subjected her to physical and mental torture. The plea of alibi could not be a ground for discharge.

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4. Having considered the facts aforesaid, I do not find any illegality in the order dated 20.08.2013 passed in Sessions Trial No. 2897/2013, G.R. No. 34/11. Accordingly this quashing petition is dismissed.

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(Prabhat Kumar Jha, J.)

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Vinita/-

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AFR/NAFR	NAFR
CAVDATE	NA
Uploading	05/05/2017
Date
Transmission Date	05/05/2017

Ugranath Jha and Anr. v. State Of Bihar and Anr.

Case brief

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Ugranath Jha and Anr. v. State Of Bihar and Anr.

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