ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing the order dated 19.2.2009 by which the learned Chief Judicial Magistrate, Bhojpur at Arrah has taken cognizance under Section 498(A) of the I.P.C. against the petitioner in Tier P.S. Case No. 56 of 2007 dated 17.12.2007.

(2.) According to the informant, Sandhya Kumari, her marriage was solemnized with the petitioner at Village-Uttardaha, District-Bhojpur, being her paternal home. About two months after her marriage she accompanied her father-in-law to Bokaro to her matrimonial home where her husband, father-in-law, brother-in-law and sister-in-law (Nanad) started torturing and assaulting her with their demands for Rs. 4,00,000/-, colour T.V., fridge, mobile and other articles, which had not been given at the time of marriage. It is further alleged that her father and brother accompanied by other persons also went to Bokaro and repeatedly tried to resolve the matter with her in-laws but to no avail. Thereafter in November 2006, it is stated that her in-laws even attempted to kill her by leaving the gas stove on, as a result of which she suffered burn injuries but was saved on the intervention of neighbours. Finally about six months ago all the accused persons assaulted her and shut the door after throwing her out of the house. As a result she became helpless and came back to her paternal home in Village-Uttardaha, where she has since been living with her parents. It is alleged that her in-laws are still torturing her for dowry and continue to make attempts op her life.

(3.) In course of hearing of the case, the parties were physically present pursuant to orders of this Court. It appears that differences between the couple continues and the husband has expressed his inability to keep his wife with him.