AJAY KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 19th August, 2009 passed by the Jharkhand High Court dismissing the petition filed by the appellant herein praying for quashing of the entire criminal proceedings of Balumath P.S. Case No. 68 of 2006 (corresponding to G.R. Case No. 445 of 2006) in which cognizance was taken of the offence under Section 304B read with Section 34 of the Indian Penal Code against the appellant and others.

(3.) The informant filed a First Information Report that his daughter was married to the appellant herein in the year 2002, as per the Hindu rites and custom and that at the time of her marriage, informant had given sufficient dowry. It was stated therein that the informant's daughter complained about the torture meted out to her by the father-in-law and the mother-in-law to her husband, the present appellant who allegedly did not pay any heed. It was also alleged that on 29th September, 2006, father-in-law and the mother-in-law talked to the accused on telephone and in a well-planned conspiracy caused death of the daughter of the informant. On receipt of the aforesaid information a case was registered, thereafter the police started investigation. After the completion of the investigation, a charge sheet was filed on 14th April, 2001. An order was also passed on 17th April, 2007, by the Magistrate taking cognizance which is also assailed in the present case. The appellant was granted bail by the High Court on 10th April, 2007.