RAM PRAVESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application by the petitioner has been filed for cancellation of anticipatory bail granted to opposite party no. 2 by order dated 12.7.2000 passed by Sri R. K. Chaudhary, Incharge Sessions Judge, Saran in a case under sections 304B, 498A of the Indian Penal Code and 3, 4 and 5 of the Dowry Prohibition Act.

(2.) THE brief facts giving rise to this application are that the petitioner filed a complaint in the court of the Chief Judicial Magistrate, Saran, stating therein that his sister Smt. Rinku was married to opposite party no. 2 on 9.6.95 and after marriage she went to her 'Sasural '. After some time the opposite party no. 2 and his other family members named in the complaint petition started making demand of motorcycle and television as dowry and because their demand was not fulfilled by the petitioner they ousted Smt. Rinku from their house. The petitioner' and his family members went to the house of opposite party no. 2 where after great persuasion opposite party no. 2 and his family members agreed to allow Rinku to come to their house but again on 15.10.97 they ousted Rinku from their house. The petitioner this time again went to the house of opposite party no. 2 and promised to fulfil their demand and on this assurance opposite party no. 2 and his family members came to the house of petitioner on 15.1.98 and took Rinku with them but subsequently the petitioner came to know that on 13.3.98 opposite party no. 2 and his family members committed the murder of Rinku.

(3.) OPPOSITE party no. 2 has appeared and filed reply to show cause notice issued to him stating therein that his wife Rinku used to live with him at Dispur in Assam and on 13.3.98 Rinku was alone in the house because he was not present in the house and Rinku died in an accidental fire due to burst of stove and he had given information in writing to local police on the basis of which Dispur Police Station U.D. Case No. 13/98 was registered and after thorough investigation Dispur Police submitted final form showing it a case of accidental fire (Annexure -A) and so far the complaint of petitioner which has subsequently been lodged against opposite party no.2 and on the basis of which Marhaura P.S. Case No. 50/98 has been instituted, is concerned, the Dy. S. P. who supervised the case did not find the case true (Annexure -C). The chargesheet has been submitted against opposite party no. 2 in this case only on the direction of the S. P. merely on the ground that on the fateful day the deceased was alone in her house suggesting that there was strained relationship between opposite party no. 2 and deceased. According to opposite party no. 2 admittedly the occurrence took place under the jurisdiction of Dispur Police station at Gauhati where the law was set in motion by opposite party no. 2 himself and the petitioner has subsequently filed a complaint petition wrongly showing the place of occurrence in the State of Bihar. Opposite party no. 2 has prayed for rejecting the prayer of petitioner.