Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4464 of 2012 ====================================================== 1. Shashi Bhushan Singh, son of Ram Lakhan Singh Village - Jassuli Pakri , P.S. Baruraj , District - Muzaffarpur. 2. Ramlakhan Singh, son of late Ram Chandra Singh Village - Jassuli Pakri , P.S. Baruraj , District - Muzaffarpur. 3. Rajmati Devi wife of Ramlakhan Singh Village - Jassuli Pakri , P.S. Baruraj , District - Muzaffarpur. 4. Mostt. Sushma Kuwar wife of late Ashok Singh Village - Jassuli Pakri , P.S. Baruraj, District - Muzaffarpur. 5. Ravi Singh ,son of late Ashok Singh Village - Jassuli Pakri , P.S. Baruraj, District - Muzaffarpur. .... .... Petitioners Versus 1. The State Of Bihar 2. Ranju Devi wife of Sashi Bhushan Singh, resident Of Village - Jasouli Pakri , P.S. - Baruraj District – Muzaffarpur, presently residing at Village - Marpa Mohan P.S. Finhers District - East Champaran. .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Arun Kumar, Advocate For the State : Mrs. Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 02-02-2012 Heard the parties. The petitioners have filed the present application under Section 482 of the Code of Criminal procedure seeking quashing of order dated 14.1.2009 passed by the learned Sub- divisional Judicial Magistrate, Muzaffarpur, in Complaint Case No.1572 of 2008 corresponding to Trial No. 1436 of 2011, by which cognizance has been taken under [STATUTE] and Sections 3 / 4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that marriage between the complainant opposite party no.2, and petitioner no.1 Shashi Bhushan Singh was solemnized about Patna High Court Cr.Misc. No.4464 of 2012 (3) dt.02-02-2012 2 fifteen years ago. There was no child from the wedlock of the complainant and petitioner no.1. It is further submitted that petitioner nos. 2 to 5 are the in-laws of complainant opposite party no.2. It is also submitted that the prosecution case as disclosed in the petition of complaint is false and the petitioners are innocent and, therefore, the order taking cognizance is bad in law. After having heard learned counsel for the parties and on going through the records, this Court finds that marriage between the complainant opposite party no.2 and petitioner no.1 Shashi Bhushan Singh is not under dispute. This is also not disputed that petitioner nos. 2 to 5 are in-laws of the complainant and relatives of petitioner no.1. There are allegations of torture upon the complainant against the petitioners due to non-fulfilment of demand of dowry. Prima facie, a case under [STATUTE] and Sections 3 / 4 of the Dowry Prohibition Act is made out. No other legal submission has been raised on behalf of the petitioners. This Court does not find any legal infirmity in the order impugned. Consequently, this petition fails. It is, accordingly, dismissed. Kanth/- (Birendra Prasad Verma, 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.