MANORANJAN SINGH SON OF LATE KAPILDEO SINGH; INDU DEVI @ INDIRA SINGH WIFE OF MANORANJAN SINGH; RAKESH KUMAR SINGH SON OF MANORANJAN SINGH Vs. STATE OF BIHAR; PRIYANKA SONI DAUGHTER OF SHIVCHANDRA PRASAD SINGH

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, the informant/Opposite Party No. 2 and the A.P.P. appearing on behalf of the State.

(2.) The petitioner has challenged the order dated 21.01.2009 passed by the Additional Sessions Judge, IX, Chapra in Sessions Trial No. 505 of 2009. The Court while hearing the discharge application has found that a case is made out under Sections 498A, 494 and 376 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

(3.) Learned Counsel for the petitioners has confined his argument by submitting that no offence is made out under Section 376 of the Indian Penal Code on the basis of the prosecution case. The prosecution case specifically states that the informant was married to Rakesh Kumar Singh accordingly to the Hindu rites and that they lived together as husband and wife. Later on, it is said that there was a demand of dowry and it is also alleged that the petitioner Rakesh Kumar Singh has remarried.