Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11498 of 2009 ====================================================== 1. Ayodhya Thakur 2. Laxmi Thakur 3. Ashok Thakur 4. Janki Devi 5. Janardan Chauhan alias Janardah Chaudhary .... .... Petitioner/s Versus 1. State Of Bihar 2. Veena Devi .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ragehvendra Kumar Singh For the State : Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 04-04-2012 Heard learned counsel for the parties. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 17..6.2008 passed in Complaint case No. 272 of 2008, whereby the Sub-Divisional Judicial Magistrate, Katihar has summoned the accused- petitioners on enquiry under section 202 of the Code of Criminal Procedure, finding prima-facie case under [STATUTE] and 4 of the Dowry Prohibition Act. Learned counsel appearing on behalf of the petitioners made submission that earlier the complainant-Opposite party no.2 Veena Devi had filed a complaint case No. 57 of 2000 Patna High Court Cr.Misc. No.11498 of 2009 (3) dt.04-04-2012 2 / 3 2 against the petitioner nos. 1, 2 and 4, namely, Ayodhya Thakur, Laxmi Thakur and Janki Devi under [STATUTE] . In that case after trial on 13.7.2007 the Court of Suresh Pd. Mishra, Judicial Magistrate, First Class, Katihar acquitted the accused-petitioner Nos. 1, 2 and 4, namely, Ayodhya Thakur, Laxmi Thakur and Janki Devi. Thereafter only to harass the petitioners Opposite party no.2 filed this complaint case with false allegations against the petitioners. It appears that Opposite party no.2 filed the complaint case No. 272 of 2008 alleging therein that her marriage was performed with the petitioner no.1 Ayodhya Thakur in the year 1985 and after marriage she enjoyed her conjugal life peacefully till December, 1989. In the year 1990 she was being tortured mentally and physically by her husband, therefore she filed a complaint case No. 57 of 2002 under [STATUTE] . The accused-petitioners were acquitted on 13.7.2007. Thereafter she was being again tortured while she has a son aged about 7-8 years. On 24.1.2008 when she was busy to get ready her son to send School, at that time she was assaulted by her husband-petitioner no.1 and other accused petitioners also assaulted and gave threatening to leave the house. In the meantime her husband Ayodhya Thakur also Patna High Court Cr.Misc. No.11498 of 2009 (3) dt.04-04-2012 3 / 3 3 performed marriage with another lady, namely, Chatiya Devi at the instigation of other accused. After enquiry under Section 202 Cr.P.C. by filing complaint petition No. 272 of 2008 by the Opposite party no.2, the learned Magistrate summoned the accused-petitioners, finding prima-facie case under [STATUTE] and 4 of the Dowry Prohibition Act. Perused the impugned order. Apparently, I do not find any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioners are at liberty raise all points, raised herein, in trial Court at appropriate stage. Arun Kumar/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 494

Statute Text:
Section 494 of the Indian Penal Code. Marrying again during the life-time of a husband or wife. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.