Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44745 of 2010 ====================================================== Chanchai Singh @ Chanchai Kumar Singh @ Ors .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghunandan Kr. Singh, Adv For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3 23-03-2012 Heard learned counsel for the petitioners as well as learned APP for the State. O.P. No.2 though represented but non turned up on her behalf. 2. After some arguments, learned counsel for the petitioners seeks withdrawal with regard to petitioner no.1, Chanchal Singh @ Chanchal Kumar Singh. 3. Accordingly, the instant petition is held to be dismissed as withdrawn so far as petitioner no.1 is concerned. 4. O.P. No.2 had filed a complaint petition putting an allegation that she was married with Maniraj Singh in the year 2000 and while they were enjoying their marital life, unfortunately, her husband died. She had begotten a daughter from her first husband. Subsequently, she married with Chanchal Singh @ Chanchal Kumar Singh. After a year, Chanchal Singh began to torture her for facilitating Rs. 50,000/- as dowry from her parents Patna High Court Cr.Misc. No.44745 of 2010 (3) dt.23-03-2012 2 wherein other co-accused also facilitated. 5. Contention on behalf of the petitioners is that there is no specific allegation attributed to any of the remaining petitioners. They have purposely been dragged in this case with ulterior motive. Further submitted that the father-in-law has also been named as one of the accused in the complaint petition though he happens to be an old man and so was left out. The great grand father-in-law was also arrayed as an accused regarding whom there has been specific disclosure in the S.A. that he happens to be an old man. In the likewise manner mother-in-law and married sister-in-law have also been implicated in this case. Then submitted that actually, it happens to be dispute amongst the spouses who are separate in mess and business and so summoning of petitioners is nothing but an abuse of the process of court. 6. On the other hand, learned APP opposed the prayer and submitted that for the purpose of summoning of petitioners at the stage of 202 Cr.P.C. only prima facie case is required to exist that too persisting in the opinion of the learned magistrate. The learned magistrate after going through the S.A. as well as statement of the witnesses formed an opinion which happens to be in accordance with law, therefore, does not require interference. 7. The Hon’ble Apex Court has time without number Patna High Court Cr.Misc. No.44745 of 2010 (3) dt.23-03-2012 3 taken into consideration the applicability of [STATUTE] so far other family members are concerned and it has been held that other family members should not be allowed to be prosecuted in case under [STATUTE] including other Sections of the penal law unless and until there happens to be specific allegation. For reference, 2005(3) SCC 507 should be taken into consideration. 8. Now, having the aforesaid principle in hand when the allegation has been gone through, the summoning of remaining petitioners namely, Ajeet Kumar Singh @ Binod Singh, Fula Devi and Kiran Suman @ Kiran Suman Devi appears to be contrary to the spirit of the aforesaid judgment. 9. Thus, order of summoning to the extent of above referred petitioners is found to be devoid of merit and is accordingly, set aside. 10. Consequent thereupon, the instant petition to the extent of petitioners, namely, Ajeet Kumar Singh @ Binod Singh, Fula Devi and Kiran Suman @ Kiran Suman Devi is allowed. perwez (Aditya Kumar Trivedi, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.