IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32635 of 2008
Satish Sharma, Son of Late Lalmani Sharma, Resident of village Chanaki, PS Dhanarua, District
Patna ---- Petitioner
Versus
The State Of Bihar ---- Opposite Party
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2 30.6.2011 Heard learned counsel for the petitioner and the
counsel appearing on behalf of the State.
The petitioner has been made accused in a case under
Sections 498(A), 323, 324 and 307 of the Indian Penal Code.
There is specific allegation that after six months of marriage in the
year 1997, the husband, mother-in-law and father-in-law began to
ill treat the victim lady (Smita Devi) and also set her on fire. The
victim lady was treated at Rajeshwar Hospital at Patna. As far as
this petitioner is concerned, he has not named in the First
Information Report. It is stated on his behalf that he is not related
to the victim lady and her husband in any manner. In the
circumstances, this Court cannot find any material in the order
impugned dated 30.7.2007 which would justify the action of the
Court below.
In a case such as this, the Court below should give
specific details regarding the participation of a person specially in
a case under Section 498(A), who is not related to the victim lady
or her husband. In the result, this Court quashes the order dated
30.7.2007 passed by the Sub-divisional Judicial Magistrate,
Masaurhi (Patna) and remand the matter back to the Sub-
divisional Judicial Magistrate, Masaurhi (Patna) to reconsider the
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matter after looking into the case diary.
I make it clear that in case the trial of this case has
commenced, then this order will have no effect.
This application is allowed.
Sanjay ( Sheema Ali Khan, J.)