Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36827 of 2010 ===================================================== 1. Manoj Kumar. 2. Murari Kumar alias Anuj Kumar. 3. Dhananjay Kumar alias Santosh Kumar. All sons of Sri Ramavatar Prasad Verma. 4. Ramavatar Prasad Verma, son of Late Haricharan Prasad. 5. Lalita Devi, wife of Sri Ramavatar Prasad Verma. All are resident of Mohalla-Priyadarshi Nagar, P.S. Agam Kuan, District-Patna. 6. Manju Devi alias Rinki, wife of Sri Ravindra Kumar and daughter of Sri Ramavatar Prasad Verma, resident of Mohalla-Micca Colony, Digha, P.S. Danapur, District-Patna. 7. Most. Renu Devi, wife of Late Vijay Prasad and daughter of Sri Ramavatar Prasad Verma, resident of village-Keshopur, P.S. Hilsa, District-Nalanda. .... .... Petitioners. Versus 1. The State of Bihar. 2. Smt. Anita Kumari, wife of Manoj Kumar and daughter of Sri Sanjeet Kumar Verma at present residing with her parents at Mohalla-Shastri Nagar, Near-Konark Cinema Hall, Munger, P.S. Kashim Bazar, District-Munger. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners : Mr. Birju Prasad, Advocate. For the State : Mr. Uday Pratap Singh, A.P.P. For the O.P. No.2 : Mr. Brajesh Sahay, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER -------------- 7 13-12-2012 This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners for quashing the order dated 4.5.2010 passed in Complaint Case No.745C of 2009 by the court of Sub Divisional Judicial Magistrate, Munger, summoning the accused-petitioners, on enquiry under Section 202 of the Code of Criminal Procedure, Patna High Court Cr.Misc. No.36827 of 2010 (7) dt.13-12-2012 2 / 14 2 finding prima facie case under [STATUTE] and Sections 3/4 of the Dowry Prohibition Act. 2. The brief facts, leading to this application, are that the complainant-opposite party no.2, Smt. Anita Kumari, filed the Complaint Case No.745C of 2009 alleging therein that her marriage was performed with the accused-petitioner no.1, Manoj Kumar, according to Hindu customs on 4.2.2001 at Mohalla- Shastrinagar. In the marriage, her parents had given dowry according to their capacity. After the marriage, she started living at her Sasural and gave birth to a son, namely, Aditya Kumar, on 2.7.2002 and a daughter, namely, Tanya, on 2.8.2006. It is further alleged by the opposite party no.2 that when she went to her Sasural after the marriage, her mother-in-law and brothers- in-law (Dewars) used to taunt her for not providing refrigerator, furniture, coloured Television etc. and she was being pressurized by all the accused persons to ask her parents to give Rs.1,00,000/- in dowry but she was not ready to ask her father and due to that reasons, her mother in-laws started abusing her taking the name of her parents. After ten days of the marriage, she started the domestic work at her Sasural but her mother-in- law and sisters-in-law (Nanad) did not use to help her in a Patna High Court Cr.Misc. No.36827 of 2010 (7) dt.13-12-2012 3 / 14 3 domestic work rather they used to abuse and assault her. Her husband used to drink liquor and after drinking the same used to assault her brutally. On 25.12.2008, she made complaint about her torture by the other accused to her husband on which her husband brutally assaulted her after taking liquor as a result of which blood started oozing out from her mouth and nose. She informed to her father and on 27.12.2008 her father took her to Munger from Patna. On 31.12.2008 the husband of the opposite party no.2 abused and assaulted her as a result of which there was hot exchange of words in between her father and husband. While she became ill but all the accused persons did not take care for her treatment. Her father-in-law and mother-in-law used to ask to kill her and perform the re-marriage of her husband on her death. The accused persons do not use to provide her proper food. On receiving the information of the illness of the opposite party no.2, her father took her to Munger from Patna on 26.5.2009 and took her to a doctor where her treatment was going on. On 12.6.2009, her husband came to Munger and asked her to come to Patna but she refused saying that her treatment is going on and doctor has advised her to complete bed rest on which her husband brutally assaulted her and took away her ornaments. On 14.6.2009, the husband, mother-in-law and Patna High Court Cr.Misc. No.36827 of 2010 (7) dt.13-12-2012 4 / 14 4 father-in-law of the opposite party no.2 abused her father on telephone giving threatening to take the children of the opposite party no.2 from the school forcibly. 3. After filing of the aforesaid complaint petition, on enquiry under Section 202 of the Code of Criminal Procedure, the Sub Divisional Judicial Magistrate, summoned the accused- petitioners, finding prima facie case under [STATUTE] and Sections 3/4 of the Dowry Prohibition Act through the impugned order dated 4.5.2010, which is impugned in this application. 4. Learned counsel appearing on behalf of the petitioners made submission that from perusal of the complaint petition, the occurrence appears to be taken place at Patna but the opposite party no.2 filed the complaint petition at Munger. As such, as per the provision of Section 177 of the Code of Criminal Procedure, the court at Munger had no territorial jurisdiction to entertain the complaint petition filed by the opposite party no.2. It is further submitted that, in fact, the petitioner no.6, namely, Manju Devi alias Rinki, and petitioner no.7, namely, Most Renu Devi, are the married sisters-in-law (Nanads) of the opposite party no.2 and they have been falsely implicated in this case only to put undue pressure and there is no Patna High Court Cr.

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.