Jaynandan Singh Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8360 of 2023

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Arising Out of PS. Case No.-456 Year-2021 Thana- JAHANABAD District- Jehanabad

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Jaynandan Singh S/O Late Chandev Singh R/V- Bohiya, P.S.- Alipur, District- Gaya

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Deonandan Singh S/O Late Chandradev Singh R/V- Bohiya, P.S.- Alipur, District- Gaya

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Vineet Kumar S/O Deonandan Singh R/V- Bohiya, P.S.- Alipur, DistrictGaya

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Mukesh Kumar S/O Radha Mohan Singh R/V- Kaiyatand, P.S.- Konch, District- Gaya

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Ruby Devi @ Ruby Kumari W/O Rakesh Pandey R/V- Chintawan Bigha, P.S.- Kutumba, District- Aurangabad

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Kalindi Kumari @ Kalindi Devi W/O Pravin Pandey R/V- Dhuriya, P.S.Barun, District- Aurangabad

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... ... Petitioner/s

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Versus

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The State of Bihar

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Ram Pravesh Sharma S/O Satya Narayan Singh R/V- Chakand Garh, P.S.Chakand, District- Gaya At Present Renter In The House Of Suresh Sharma, Mohalla- Defense Colony, Civil Court, Jehanabad

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : For the Opposite Party/s :

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Mr. Manish Kumar No2, Advocate Mr. Pradeep Narain Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY CAV JUDGMENT Date : 09-07-2024

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Heard learned counsel for the petitioners, learned

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APP for the State and learned counsel for the opposite party no. 2.

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The petitioners have filed the instant application praying for quashing the F.I.R in connection with Jehanabad Town P.S. Case No. 456 of 2021 registered under sections 498A and 34 of the Indian Penal Code and sections 3 and 4 of the

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Patna High Court CR. MISC. No.8360 of 2023 dt.09-07-2024 2/5

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Dowry Prohibition Act.

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As per the prosecution case the informantopposite party no. 2 in his written statement alleges inter alia that he married his daughter on 30.6.2020 to Vineet Kumar, the petitioner no. 3 herein. At the time of marriage the informant states that he gave various gifts and articles worth Rs. 13,00,000/- of which Rs. 5,00,000/- was given to Jaynandan Singh, uncle of Vineet Kumar. The same was deposited in his bank account in Tekari Branch of the Bank of Baroda and the remaining amount was given in cash. On the very next day of the marriage, the daughter of the informant went to her sasural where she was alright for about one week. Thereafter it is stated that her husband and the other accused persons named in the F.I.R started making demand of a maruti car and Rs. 2,00,000/in cash. On her daughter expressing the informant’s inability to give the same on account of the fact that he was about to retire, the demand did not stop. The accused persons started to torture and assault his daughter, information of which was given by her to the informant. The informant states that he tried to talk with his son-in-law and his son-in-law’s father but they threatened that if the amount and the car was not given, they would perform a second marriage. Soon thereafter, the accused brought

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Patna High Court CR. MISC. No.8360 of 2023 dt.09-07-2024 3/5

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her daughter to his place and on the promise that they would take her back after the lockdown was over, they went away. The informant states that on contacting them on telephone, the same found to be switched off. He heard that his son-in-law has relationship with one another woman. Hence the F.I.R.

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On the statement of the informant, F.I.R being Jehanabad Town P.S. Case No. 456 of 2021 was registered under sections 498A and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

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Learned counsel for the petitioners in reference to the order dated 12.2.2024 passed in the instant application submits that the instant application with respect to the petitioner no. 3 Vineet Kumar having been dismissed as withdrawn, the instant application is confined to petitioner nos. 1, 2, 4, 5 and 6.

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It is submitted by learned counsel for the petitioners that the petitioner no. 2 happens to be the father-inlaw of the daughter of the informant while the petitioner no. 1 happens to be the cousin brother of petitioner no. 2. Further petitioner nos. 4, 5 and 6 happen to be the nandosi ( sister-inlaws’ husband), nanad (husband’s sister) and nanad (husband’s sister) of the daughter of the informant. It is submitted that the allegations against the petitioner nos. 5 and 6 who happen to be

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Patna High Court CR. MISC. No.8360 of 2023 dt.09-07-2024 4/5

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married sisters-in-law are general and omnibus in nature. Placing reliance on the judgment of the Hon’ble Supreme Court in the case of Kahkashan Kausar @ Sonam vs. State of Bihar and Others [(2022) 6 SCC 599] and more particularly paragraph nos. 11 to 18 thereof it is submitted that the allegations against these petitioners i.e. petitioner nos. 1, 2, 4, 5 and 6 being general and omnibus in nature and no specific allegation having been made against them, the F.I.R with respect to them be quashed.

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The application is opposed by learned APP for the State and learned counsel for the opposite party no. 2. It is submitted by learned counsel for the opposite party no. 2 that not only there are allegations against the petitioners in the F.I.R, in addition to the same the witnesses examined in course of investigation have supported the prosecution case and as per instruction received cognizance has already been taken by the learned Court below.

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Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R and especially the subsequent progress in the investigation, chargesheet having been submitted and cognizance having been taken in the learned trial Court, the Court is not inclined to allow the instant application and the same is dismissed.

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Patna High Court CR. MISC. No.8360 of 2023 dt.09-07-2024 5/5

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However, liberty is granted to the petitioners to raise all the points contended in the instant application including the submissions made in light of the judgment of the Hon’ble Supreme Court in the case of Kahkashan Kausar (supra) at an appropriate stage in the learned trial Court.

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(Partha Sarthy, J)

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Harsh/-

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AFR/NAFR	NAFR
CAV DATE	13.5.2024
Uploading Date	9.7.2024
Transmission Date	9.7.2024

Jaynandan Singh v. The State of Bihar

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Jaynandan Singh v. The State of Bihar

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