Patna High Court - Orders
Tuntun Choudhary & Ors vs State Of Bihar & Anr on 3 February, 2015
Author: Amaresh Kumar Lal
Bench: Amaresh Kumar Lal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4500 of 2015
Arising Out of PS.Case No. -754 Year- 2011 Thana -BHAGALPUR COMPLAINT CASE District-
BHAGALPUR
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1. Tuntun Choudhary, Son of Subol Choudhary
2. Ratan Choudhary, son of Subol Choudhary
3. Rekha Devim, Wife of Ratan Choudhary
4. Nanki Devi, wife of Subol Choudhary
5. Anita Devi, wife of Sudhir Choudhary
6. Meera Devi, wife of Bablu Choudhary
7. Most. Gouri Devi @ Gouri Devi, wife of Late Narayan Choudhary
8. Manju Devi, Wife of Shree Ram Choudhary.
All are residents of village - Gopalpur, Amadawad, P.S. Amdawad,
District - Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kanchan Devi, Daughter of Sri Bhikhan Prasad Singh, resident of
village - Lailakh, Post - Mamalkha, P.S. Sabour, District - Bhagalpur
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate
For the Opposite Party/s : Mr. Ram Chandra Sngh(App)
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CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL ORDER
2 03-02-2015Heard the learned counsel for the petitioners and the learned counsel for the State.
The petitioners apprehend their arrest in Complaint Case No. 754/2011 registered for the offence punishable under Sections 498A, 452, 494, 504/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act in which cognizance has been taken under Sections 498A, 323/34 of the Indian Penal Code.
It is submitted that the petitioners have no criminal antecedent.
Patna High Court Cr.Misc. No.4500 of 2015 (2) dt.03-02-20152/2
This application stands disposed of with a liberty to the petitioners to move before the learned Judicial Magistrate-1st Class, Bhagalpur/ court concerned who will pass the order in view of the direction given by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar & Anr., reported in 2014(3) PLJR 314 (SC) on the same day.
It is made clear that the aforesaid decision is also applicable in a complaint case.
(Amaresh Kumar Lal, J) V.K. Pandey/-
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