PRASHANT CHANDRA OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri D.K. Sinha, learned senior counsel for the petitioner, Shri Anand Kumar Ojha, learned counsel for the complainant - opposite party no. 2 and the learned A.P.P. for the State.

(2.) The petitioner apprehends his arrest in connection with Complaint Case No. 3825(C) of 2018 for the offence registered under Sections 323, 406, 420, 498(A)/34 of the Indian Penal Code.

(3.) The case of the complainant in brief as per the complaint petition bearing Complaint Case No. 3825(C) of 2018 is that the accused persons including the petitioner herein, who happens to be the husband of the petitioner herein, have been engaging in torturing the complainant-opposite party no. 2 on account of non-fulfilment of the demand for dowry and have not only ensured that the complainant is not granted Visa to travel to Canada to live with her husband i.e. the petitioner herein but have also thrown her out of the matrimonial home. It has been alleged by the complainant in the complaint petition that the marriage in between the complainant and the petitioner herein took place on 20.01.2016 as per the Hindu rites and customs at Rajhans Hotel, Surajkund, Haryana and at the time of marriage a sum of Rs. 10,00,000/- in cash and jewellery worth Rs. 10,00,000/- were given to the accused persons apart from the father of the complainant having met all the marriage expenses. It is further alleged that several costly gifts were also given to the accused persons. It is also the case of the complainant that on the day of marriage, the accused persons started demanding money and costly car by way of dowry, failing which they threatened to cancel the marriage, however, with the intervention of the family and friends, the marriage was solemnized. After marriage, the complainant is said to have been taken to Kolkata where again a demand of Rs. 10,00,000/- and a costly car was made and in default thereof, the accused persons had threatened that the petitioner would not take the complainant to Canada with him. It is also stated that on 27.01.2016, the marriage of the sister of the petitioner was solemnized and the entire jewellery, costly clothes and other gifts belonging to the complainant was given during the course of said marriage of the sister of the petitioner and when the complainant had opposed, she was assaulted by the petitioner and other accused persons. It is further alleged that on 01.02.2016, the petitioner had gone to Canada, leaving behind the complainant and had told her to serve his parents and the arrangement of Visa for her would be made later on. Thereafter, the complainant started living with the parents of the petitioner, however, their behaviour towards her became worse from day to day, in absence of fulfilment of the demand for dowry and they started torturing the complainant both physically as well as mentally and used to stop giving her food from time to time. It is further alleged by the complainant that in the meantime she had visited her matrimonial grandmother house at Patna and started living there, however, not a single penny was given by way of expenditure by the petitioner herein and thereafter, the parents of the petitioner refused to keep the complainant despite several request made by the parents and family members of the complainant. Subsequently, the complainant came to know that the petitioner had taken back the Visa application form of the complainant and when the father of the complainant had proposed to send the complainant to Canada to live with the petitioner on a tourist Visa, the accused persons flatly refused to do so. It is also alleged that when the complainant had herself filled the application form for grant of tourist Visa, the petitioner herein refused to submit the necessary documents resulting in rejection of the case of the complainant for grant of tourist Visa. It is also alleged that in the month of May, 2017, the petitioner herein had come to India but he did not make any efforts to meet the complainant and upon being asked as to why he did not intend to meet the complainant, he categorically stated that any talks would progress only when the demand for money and motor car is fulfilled. The complainant is stated to have filed a petition for restitution of conjugal rights bearing Matrimonial Case No. 1173 of 2017 before the learned Court of Principal Judge (Family Court), Patna on 02.11.2017, however, the petitioner failed to appear before the said Court. In nutshell, the allegation of the complainant is that the petitioner and other accused persons have not only grabbed all the jewellery and articles of the petitioner, brought after marriage to her matrimonial home but the petitioner and the other accused persons have also tortured the petitioner physically and mentally by demanding dowry on the pretext of arranging Visa to enable her to travel Canada to live with the petitioner.