ASHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, for the State and for the O.P.

(2.) In this case petitioners are challenging the order dated 18th Aprii,2011 passed in T..R No. 188 of 203 ] by Sub-Divisionai Judicial Magistrate, Ghapra whereby and whereurider the petition fiied on behalf of petitioners under Section 239 of the Code of Criminal Procedure has been dismissed and the case has been fixed for framing of cgarge.

(3.) It appears from the record that a Complaint petition, vide Complaint Case no. 3338 of 2008 was filed by one Priyanka Soni. The Chief Judicial Magistrate under Section 156(3) of the Code of Criminal Procedure (hereinafter, in short. referred to as the Code9) sent the matter for investigation to the Poiice and later on the case was instituted as Chapra Mufassii P.S. Case no. 154 of 2008. In the complaint petition, the complainant has stated, Sri Rakesh Kumar Singh, Manoranjan Prasad Singh, Indu Singh and Upendra Singh are accused persons claiming that Rakesh Kumar Singh is her husband. Manoranjan Prasad Singh is her father in-law, indu Singh is her mother in-law. in the complaint petition it has been alleged that on 9th July 2008 the complainant had married with Rakesh Kumar Singh according to Hindu rites and rituals It has been stated that her father had given Rs.2.00,000/-(Rupees two lacs), ornament, clothes and articles. It has been alleged that the complainant at the time of Ruksadi. demanded Rs.2.00.000/- (Rupees two lacs) and one Maruti car within one month, otherwise it may lead to bad consequence. The complainant went to her in-laws? place (Sasural) at Shakti Nagar where Rakesh Kumar Singh and the complainant lived as husband and wife. The marriage could not move smoothly as they were exerting pressure tor money and Maruti car. When her father could know about the behaviour of husband and in-laws. he went and tried to assuage that they snouid not behave in such a way with his daughter but Rakesh Kumar Singh and indu Singh caught hold her hair and all the four accused persons assaulted and asked her father to take away His daughter otherwise her dead body would go from the in-laws? piace. It has been stated that on 10th October 2008 the accused persons forcefully expelled the complainant from the house and when she resisted, they tried to kill the prosecutrix. On the next day, her father went to her in-laws" place to settle the dispute but the accused persons did not moiiify the demand for money