Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19353 of 2010 ===================================================== 1. Shambhu Prasad @ Shambhu Kumar. 2. Subodh Kumar. Both sons of Om Prakash Sah. 3. Om Prakash Sah, son of Late Devi Sah. 4. Smt. Indu Devi, wife of Om Prakash Sah. 5. Bharti Devi, wife of Subodh Kumar. All residents of village-Main Road Teghra, P.S. Teghra, District- Begusarai. .... .... Petitioners. Versus 1. The State of Bihar. 2. Sampurna Bhaskar, wife of Sudhir Kumar Sah, resident of village-Teghra, P.S. Teghra, District-Begusarai. Presently resident of village-Makardahi Ghat, Ward No.18, District- Samastipur. 3. Sudhir Kumar Sah, son of Om Prakash Sah, resident of village- Main Road, Teghra, P.S. Teghra, District-Begusarai. Presently residing at village-Makardahi Ghat, Ward No.18, District- Samastipur. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners. : Mr. Pramod Manbansh, Advocate. For the Opposite Party No.2 : M/s. Abhay Shanker Singh, Amit Kr. Mishra and R.S. Vidyarthi, Advocates. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER -------------- 6 22-11-2012 The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 3.8.2009 passed in Complaint Case No.592 of 2009 by the Sub Divisional Judicial Magistrate, Samastipur, whereby all the accused, named in the complaint petition, including the petitioners have been summoned, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case Patna High Court Cr.Misc. No.19353 of 2010 (6) dt.22-11-2012 2 / 11 2 under [STATUTE] . 2. It appears that the opposite party no.2, Sampurna Bhaskar, filed the Complaint Case No.592 of 2009 with the allegation that her marriage was performed with the accused no.1, Sudhir Kumar Sah (opposite party no.3), on 12.3.2007 according to Hindu Customs and at the time of marriage cash of Rs.1,51,000/-, ornaments, clothes and utensils were given by her parents. In spite of that on the date of marriage the father and both brothers of groom created an odd situation demanding the refrigerator and a motorcycle. Her Maika people arranged cash of Rs.16,000/- and gave the same for refrigerator but demand of motorcycle could not be fulfilled for which her father-in-law (petitioner no.3) told to provide motorcycle at the time of second marriage. After the marriage, she went to her sasural in Bidai and stayed there for about one month and, thereafter, returned to her Maika. Since the father of the opposite party no.2 had died in the year 2003, so her family was being looked after by her sister. Due to bad economical condition of her Maika, the demand of motorcycle could not be fulfilled at the time of second marriage and due to that reason, she was being tortured by her in- laws/accused through various modes on petty matters. Initially, her husband was mum but the parents of her father and brothers Patna High Court Cr.Misc. No.19353 of 2010 (6) dt.22-11-2012 3 / 11 3 used to give threatening to him to live separately with his wife. Due to that reasons, her husband also indulged in the misdeed of his family members in respect to demand. Lastly, on 3.5.2009, she was removed from her sasural house by her in-laws forcibly keeping her ornaments and personal belongings. 3. After filing of the aforesaid complaint petition by the opposite party no.2, Sampurna Bhaskar, on inquiry under Section 202 of the Code of Criminal Procedure, the Sub Divisional Judicial Magistrate, Samastipur, summoned all the accused, named in the complaint petition, including the petitioners finding prima facie case under [STATUTE] through the impugned order dated 3.8.2009. 4. The sole argument as advanced by the learned counsel for the petitioners is that from perusal of the complaint petition, it is apparent that the occurrence as alleged had taken place in the sasural of the opposite party no.2, Sampurna Bhaskar, situated in the district of Begusarai and, as such, the court of Samastipur had no territorial jurisdiction to summon the accused, named in the complaint petition, including the petitioners as per the provision of Section 177 of the Code of Criminal Procedure. 5. On the other hand, learned counsel appearing on Patna High Court Cr.Misc. No.19353 of 2010 (6) dt.22-11-2012 4 / 11 4 behalf of the opposite party no.2 made submission that from perusal of the complaint petition, it is apparent that the demand of refrigerator and motorcycle was made at the time of the marriage of the opposite party no.2 at her Maika situated in the district of Samastipur, as such, the learned Sub Divisional Judicial Magistrate, Samastipur, has territorial jurisdiction to proceed with the complaint case as filed by the opposite party no.2. 6. As in the present case, the issue is confined only to territorial jurisdiction about the criminal proceedings initiated by the opposite party no.2, hence, there is no need to go into other factual aspects. Since the Sub Divisional Judicial Magistrate, Samastipur, on perusal of the complaint petition, solemn affirmation of the opposite party no.2 and the statements of the witnesses, as examined in course of inquiry, arrived at the conclusion that prima facie the case under [STATUTE] is made out against the accused, named in the complaint petition, including the petitioners, it is desirable to refer to the provision of [STATUTE] relating to cruelty at the hands of the husband or relatives of the husband of a women and also Sections 177-179 of Chapter-XIII of the Code of Criminal Procedure, which deal with the jurisdiction of the criminal courts in inquiries and trials. Patna High Court Cr.Misc. No.19353 of 2010 (6) dt.22-11-2012 5 / 11 5 Section 4

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.