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2017 Supreme(Pat) 402

VINOD KUMAR SINHA
Surendra Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Satya Narayan Mishra

JUDGMENT :

Vinod Kumar Sinha, J.

1. Heard learned counsel for the petitioners. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the order dated 19.1.2013 passed by the Sub-Divisional Judicial Magistrate, Saharsa in Complaint Case No. 604C/12 by which the learned SDJM has been pleased to order issuance of processes against the petitioners after finding a prima facie case against them under Section 498-A of the Indian Penal Code as well as under Section 4 of the Dowry Prohibition Act.

2. The prosecution case, as per the complaint petition, is that one Alka Mishra has filed a complaint before the Chief Judicial Magistrate, Saharsa stating, inter alia, therein that she was married with Prakash Kumar as per the Anand Margi customs and thereafter she came to her sasural and was living there. It is also stated that at the time of marriage her father has given 2 lakhs rupees in cash and articles worth 3 lakhs rupees. It is also her case that she became pregnant but after that the accused persons started torturing her both physically and mentally which she has informed to her father and brother who had taken her to Banaras and











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