SHAMBHU PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel appearing on behalf of opposite party no.2 in both cases as well as learned counsel for the State.

(2.) In both cases, the petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 3.3.2001 passed in T.R. No.1043 of 2001, arising out of Raxaul P.S. Case No.201 of 1998, by the Sub Divisional Judicial Magistrate, Raxaul at Motihari. By the said order, the learned Magistrate has rejected discharge petition filed on behalf of both petitioners.

(3.) I have perused the impugned order as well as materials available on record. It was a case for the offence under Sections 498 A and 494 of the Indian Penal Code. It was alleged that the petitioner in the first case i.e. Shambhu Prasad was married with the informant and subsequently, during the life time of his first wife, he solemnized marriage with petitioner in Cr. Misc. No.11922 of 2001 i.e. Mosemat Manjuria Kuar @ Madhuri Devi and thereafter, the informant was kicked out from the house. After registering F.I.R., police thoroughly investigated the same and thereafter, charge sheet was submitted. From the impugned order, it is evident that the learned Magistrate, while hearing on discharge petition, had examined entire case diary and referring number of paragraphs of the case diary, has rejected the petition for discharge. I do not find any ground for interference with the impugned order.