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2015 Supreme(Pat) 886

ASHWANI KUMAR SINGH
Sabo Devi – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Krishna Prasad Singh, Sr.Adv., Mr. M.K. Singh, Adv., Mr. Bhaskar Shankar, Adv.
For the Opposite Party No. 2 : Mr. Sheo Kumar Prasad, Adv.

ORAL JUDGMENT :

In the present application filed under section 482 of the Code of Criminal Procedure, petitioner no.1 Sabo Devi is the wife of the complainant whereas petitioner nos.2, 3 and 4, namely, Radhey Kewat @ Rajesh Kewat, Chinta Devi and Sanoj Kewat are father-in-law, mother-in-law and brother-in-law respectively of the complainant.

2. The complainant has alleged in the complaint filed on 13.03.2002 that on 06.03.2012 at about 4.00 a.m. when he entered in his home, his wife started abusing and assaulting him. Thereafter, she took away one box containing silver and gold ornaments and Rs.15,000/- cash. The other accused persons were waiting outside the house with a vehicle and the wife of the complainant climbed onto the vehicle and the driver sped away. The complainant was examined on solemn affirmation and in support of the allegation two other witnesses, namely, Lakhanendra Kewat and Arun Yadav were examined in course of enquiry.

3. Enquiry witness no.1 Lakhanendra Kewat, who was examined on 24th April, 2012, has deposed that the alleged occurrence took place one month earlier. According to him, on the date of occurrence, an altercation had taken place between the complainan


















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