RAVI SHANKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. Despite valid service of notice no one has chosen to appear on behalf of the complainant-opposite party no. 2.

(2.) The petitioners have come against the order dated 18.1.2007 passed by learned Additional Chief Judicial Magistrate, Benipur in C.R. No. 185 of 2006 corresponding to Tr. No. 33 of 2006 by which he has dismissed the petition filed on behalf of the petitioners under section 245 of the Code of Criminal Procedure for discharging them from the case. The further prayer made on behalf of the petitioners is that there is absolutely no material on record against them to proceed further and, thus, the entire criminal proceedings pending against them in the court below in the aforesaid case be quashed.

(3.) The prosecution case in brief is that Madhav Jha (opposite party no. 2) filed a complaint being C.R. No. 91 of 200 before the learned Additional Chief Judicial Magistrate, on 27.6.2000 alleging therein inter alia that his daughter Kiran Kumari was married to the petitioner no. 1 on 27.4.1990. Since the complainant had some land dispute with petitioner no. 4, who happens to be father of brother-in-law of petitioner no. 1, the petitioners in conspiracy to each other started demanding Rs. 1,00,000/- (Rs. One lakh) as dowry from the complainant and threatened that his daughter would be ousted from her matrimonial home if the demand of dowry is not fulfilled. The complainant has also alleged that a Panchayti took place and pursuant to Panchayti the daughter of the complainant was taken back to her matrimonial home on 1.3.1999 but again she was being subjected to cruelty in various ways for non-fulfilment of demand of dowry. Ultimately, on 9.3.1999 the petitioners after assaulting the daughter of the complainant and after retaining her belongings kicked her out from their house. The complainant made several attempts to pacify the matter but in vain.