Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18823 of 2010 ====================================================== 1. Ajay Kumar Singh @ Ajay Singh S/O Deep Narayan Singh R/O Singh Colony, Ara, P.S.-Udvant Nagar, Distt.-Bhojpur. 2. Vijay Kumar Singh S/O Deep Narayan Singh R/O Nagarjuna Fertilizers And Chemicals Ltd. 46, Girish Ghosh Saraini, P.S.-Hakimpara, Siligurhi, Distt.-Darjling (W.B.). .... .... Petitioner/s Versus 1. The State Of Bihar 2. Smt. Rekha Devi W/O Jeetendra Singh D/O Sanjay Singh R/O Village – Bishunpura, P.S.-Bihta, Distt.-Patna. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20969 of 2010 ====================================================== Jitendra Kumar Singh @ Jitendra Singh, son of Deep Narayan Singh, resident of village - Sowa, P.S. – Krishna Brahm, District - Buxar .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rekha Devi wife of Jitendra Singh, daughter of Sanjay Singh, resident of village - Bishunpura, P.S. Bihta, District - Patna .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.18823 of 2010) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. (In Cr.Misc. No.20969 of 2010) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 8 03-10-2012 In both the petitions order dated 8/4/2009 passed in Complaint Case No. 250(C) of 2009 by learned Sub Divisional Judicial Magistrate, Danapur, Patna, is under challenge. By the said order learned Magistrate has taken cognizance of offence under [STATUTE] and Patna High Court Cr.Misc. No.18823 of 2010 (8) dt.03-10-2012 2 / 3 2 Sections 3 & 4 of the Dowry Prohibition Act and as such both the petitions were heard together and are being disposed of by this common order. In 1st case i.e. Cr. Misc. No. 18823 of 2010, petitioners are brother of husband of complainant / opposite party no. 2 and it has been pleaded that both are residing outside and as such there was no occasion for them to participate in the crime as alleged by the complainant. It was further submitted that prosecution has been maliciously initiated so far as both the petitioners are concerned. In 2nd case i.e. Cr. Misc. No. 20969 of 2010, the sole petitioner is the husband of the complainant. Sri Digvijay Kumar Ojha, learned counsel has appeared on behalf of petitioners in both the cases and Sri Sanjay Kumar, learned counsel, who was assisted by Sri Purushottam Kumar Jha, learned counsel for the complainant / opposite party no. 2 in both the cases, have appeared. Besides hearing the parties, I have also perused the materials available on record. Prima facie I do not find any defect in the order of cognizance warranting interference by this court, that too, while exercising power under Section 482 of the Code of Criminal Procedure. However, keeping in view Patna High Court Cr.Misc. No.18823 of 2010 (8) dt.03-10-2012 3 / 3 3 the grounds which have been taken by learned counsel for the petitioners, the court is of the opinion that both the petitions can be disposed of granting liberty to the petitioners to raise all the points which have been raised in the present petitions at appropriate stage. Accordingly, both the petitions stand disposed of granting liberty to the petitioners to file such petitions at appropriate stage. The court expects that if at appropriate stage such petitions are filed, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law. Praful/- (Rakesh Kumar, 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.