MOST NILAM DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) Petitioners, who are in-laws of husband, are aggrieved by the order dated 16.1.2007 passed by learned SDJM, Bhagalpur in Kotwali (Tiikamanjhi) PS Case No.475/06 arising out of Complaint Case No. 1037/06. By the said order, learned Magistrate on a consideration of the police report, has come to the conclusion that there is a prima facie case punishable under Sections 498-A, 504, 323 and 120-B, IPC as also 3/4 of the DP Act and, accordingly cognizance has been taken.

(3.) Op No. 2 complainant (herein) filed a complaint (complaint Case No. 1037/06) alleging therein that she was married with accused Ashok Tiwari at Bhagalpur on 4.7.2003 according to Hindu rituals. The second marriage was performed on 4.12.2003. She went to the matrimonial home located in the district of Dumka (Jharkhand). The in-laws started demanding a sum of Rs. 50,000/- from her parents. Some of the co-accuseds even tried to molest her, but she could anyhow escape the said attempt. On account of non-fulfilment of demand of dowry, she was tortured in diverse way. On 2.6.2006, she was driven out of her matrimonial home in presence of her father. She came back to naihar. When her father contacted them on telephone, the in-laws started demanding dowry and it was made plain to them that only after fulfilment of demand of dowry the complainant shall be allowed re-entry into the matrimonial. It is further alleged that she again went to the matrimonial home where the in-laws, including husband, started torturing her both physically and mentally. The father of the complainant made phone calls from Bhagalpur in order to pacify the situation whereafter the accused persons refused to talk to him. The torture meted out to her was informed to the father who rushed to Dumka to rescue her. It is alleged that she has been forced to live with her parents on account of such torture and ouster. Learned Magistrate transmitted the said complaint to the police for institution of the case and accordingly the FIR was registered. On conclusion of investigation, charge-sheet was submitted which formed basis of the impugned order.