SHAZIYA NAAZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who is the wife of Opposite Party No. 2, has invoked the jurisdiction of this Court, under Sec. 407 of the Code of Criminal Procedure, 1973, for transfer of Complaint Case No. 688 (C) of 2020, from the Court of learned Sub Divisional Judicial Magistrate, Patna City, to any court within the Sessions Division of Saran at Chapra.

(2.) A complaint case was filed by the petitioner-wife on 25/11/2020 against her husband and the entire family members of her husband, who are Opposite Party Nos. 02 to 08 herein, for the offences punishable under Ss. 498-A/323/341/307/ 120-B/34 of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act.

(3.) The factual matrix of the case is that marriage between the petitioner-wife and the Opposite Party No.2/husband was solemnized on 27/3/2018 according to the Muslim rites. It has been alleged by the complainant-wife that after sometime of the marriage, the behavior of her in-laws changed and they started demanding Rs.5.00 lakhs and one Alto car as dowry and due to non-fulfillment of the said demand, she was subjected to torture and harassment. It is the further case of the complainant-wife that she was sent to her paternal home when she was pregnant, where she gave birth to a female child on 4/2/2020 and upon returning back to her matrimonial home, her husband as well as her in-laws again started demanding dowry and lastly, on 29/2/2020, she was ousted from her matrimonial home.