RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners, who are accuseds of Naugachia P.S. Case no. 154 of 2006, instituted under Sections 341, 323, 498 A and 406 and 120 B of the Penal Code and Section of the Dowry Prohibition Act, seek to quash the F.I.R. itself.

(2.) Few facts relevant for the purpose of disposal of the present case may first be indicated. Complainant/informant was married to petitioner no.1 sometimes in the year 2001. Such marriage was solemnized within the territorial jurisdiction of Naugachia in the District of Bhagalpur where the parents of the complaint used to reside. The in-laws of the complainant reside in the District of Khagaria. As she was ill-treated and tortured in her matrimonial home, she returned back to her Naihar. She lodged a complaint in the Court on 10.04.2006. Learned court below in seisin of the matter by an order dated 13.04.2006 directed for institution of F.I.R. in terms of Section 156(3) of the Code of Criminal Procedure. Consequently the F.I.R. aforesaid was instituted on 24.04.2006 under diverse Sections referred to above.

(3.) Learned counsel for the petitioners, while questioning the institution of F.I.R., submits that going through the allegations contained in the complaint/F.I.R., it would appear that no part of the cause of action had arisen within the District of Bhagalpur. He, therefore, submits that institution of F.I.R. in the District of Bhagalpur should be quashed.