IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.968 of 2008 1. RAJDEO YADAV, SON OF LATE TOKHA YADAV 2. SHIV BACHAN YADAV, SON OF LATE TOKHA YADAV 3. AMRENDRA YADAV, SON OF RAJDEO YADAV 4. DHIRENDRA YADAV, SON OF RAJDEO YADAV 5. BHEKHA YADAV, SON OF RAJDEO YADAV 6. BIRENDRA YADAV, SON OF LATE TOKHA YADAV 7. CHANDRADEO YADAV, SON OF LATE TOKHA YADAV 8. SUNAINA DEVI, WIFE OF BIRENDRA YADAV 9. SUNDARI DEVI, WIFE OF CHANDRADEO YADAV 10.RAJMANI DEVI, WIFE OF RAJDEO YADAV 11.RAJANTI DEVI, WIFE OF AMRENDRA YADAV ALL RESIDENT OF VILLAGE MAKARPUR, TOLA MITHU BIGHA, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. --- PETITIONERS Versus 1. THE STATE OF BIHAR 2. JASOMATI DEVI, WIFE OF SHIV BACHAN YADAV, RESIDENT OF VILLAGE MAKARPUR, TOLA MITHU BIGHA, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. --- OPPOSITE PARTIES For the Petitioners :- Mr. Umesh Kumar, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 6 7.4.2010 Nobody appears on behalf of the opposite party no. 2 although on several occasions notices were filed for appearance of opposite party no. 2. It is said that she is residing in other village. Steps were taken to send notices to her village but despite 4 or 5 occasions on which notices were issued nobody has appeared to prosecute this case. A complaint was filed on behalf of opposite party no. 2, Jasomati Devi alleging that she was married to Shiv Bachan Yadav 24 years ago. It is said that at the time of marriage Rs. 10,000/- and a buffalo was presented to the husband by way of dowry. She claims that she has four children, two boys and two girls. It is said that recently the entire family has after assaulting her threw her out of the house because her father had not fulfilled demand of Rs. 20,000/- as dowry. This complaint petition was filed on 25.5.2007. Annexure- 2 is the information petition filed by Santosh Yadav before the Chief 2 Judicial Magistrate, Jehanabad stating therein that his mother has run away with a man called Umesh Yadav. A matrimonial case bearing no. 28 of 2007 has been filed on behalf of the husband Shiv Bachan Yadav on 23.5.2007 seeking divorce from his wife on the ground that his wife is living in adultery with Umesh Yadav. In the matrimonial case, witnesses have been examined and the son of the petitioner no. 2 has stated and supported the case of his father and stated that his mother is no longer living with them and that she lives with one Umesh Yadav. Reverting back to the allegations made in the complaint petition, there appears to be an omnibus allegation against all the family members in which it is said that the complainant was ousted from her house for non payment of Rs. 20,000/- in fact the complainant has not specified the date on which she was ousted from her house or given details with respect to when and how demand of dowry was made. This Court finds that the allegations are vague and improbable in view of the fact that after 24 years of marriage, there can be several reasons for dispute between the husband and wife, but not for dowry. Therefore, this Court finds the allegations are vague, unbelievable and the facts and the statements of the son both in the matrimonial case and before the Chief Judicial Magistrate, Jehanabad indicate that this is not a case of demand of dowry. This Court finds that the allegation that the opposite party no. 2/complainant was thrown out of the house is also unbelievable. A relevant fact is that 3 the lady has stated that she is pregnant whereas the son of the complainant has stated that all four brothers and sisters are being looked after and are living with petitioner no. 2. In the circumstances, I quash the order impugned dated 8.10.2007, passed in Complaint Case No. 376 of 2007/Trial No. 1644 of 2007 by the Sub-divisional Judicial Magistrate, Jehanabad. This application is allowed. Sanjay (Sheema Ali Khan, J.)