VIJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petition seeks quashing of the prosecution which was initiated by the Complaint Case no. 1032 of 2007 upon which, after holding an enquiry, the order of summoning dated 30.1.2008 was passed.

(3.) The facts of the case is that the complainant requested accused no. 1 (petitioner no. 1 herein) for negotiating the marriage of one of the girls of his family some where else and, accordingly, he promised and pointed out that he had received a positive information and as such, he required Rs. 11000 for being given to the family members of the prospective groom. But, subsequently, it turned out that all the statements were false and when the complainant wanted petitioner no. 1 Vijay Kumar Singh to return the money, he placed a specious statement before the complainant that the family members of the prospective groom started negotiating the marriage of the groom in another family and for frustrating that attempt, he spent that money. The complainant was not satisfied and still insisted upon return of money and that took a bad turn when petitioner no. 1 abused the complainant and called his family members who came and slapped and assaulted the complainant and petitioner no. 1 himself gave a chhoora blow on his head causing bleeding injury to him. The brother of the complainant, namely, Punit Singh came to save him and he too was assaulted by sticks and danda and it is alleged that petitioner no. 1 put the chhoora on the neck of cousin brother of the complainant and forced him to sign two blank papers, which were duly complied and, the two blank papers were delivered to petitioner no. 1. Besides, allegations of theft against accused persons, like petitioner no.1, 2 and 3, of ornaments or watch or other belongings, were made.