LADALI KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for a direction to the respondents-police authorities to execute the permanent warrant of arrest, issued by learned Additional Sessions Judge, Fast Track Court No. 2, Jamui, dtd. 30/3/2017, in Sessions Trial No. 568A of 1998 against the absconding accused, Asirum Nisha.

(2.) A First Information Report, bearing Jamui Police Station Case No. 40 of 1996 was lodged on the basis of fardbayan of the petitioner, Ladli Khatoon, for the offences punishable under Ss. 493/307/34 of the Indian Penal Code and Ss. 3/4 of the Dowry Prohibition Act, stating therein that the father of co-accused Md. Sufiyan, namely, Abdul Wadud, approached the petitioner's father to send the petitioner for nursing of his ailing wife with the assurance that she would be married to his son, Md. Sufiyan. On the assurance of the father of co-accused Md. Sufiyan, the petitioner started her nursing work and after eight months, in the evening, co-accused Md. Sufiyan entered into the room of the petitioner and established physical relationship with her on the pretext of marriage. The petitioner narrated the entire occurrence to the mother of co-accused Md. Sufiyan, namely, Anisur Nisha, who also assured the petitioner that the marriage of her son would be solemnized with the petitioner and on such assurance and faith given by the accused persons, she started living with co-accused Md. Sufiyan as husband and wife. On persistence request to perform marriage by the petitioner she was asked to arrange a sum of Rs.72,000.00 in order to purchase a tractor for co-accused Md. Sufiyan for the purpose of his livelihood and the said amount was paid by the petitioner's father. Later on, another demand of Rs.50,000.00 was made from the petitioner and upon refusal to pay the same, she was thrown out of the house.

(3.) After investigation, the police submitted charge sheet against the accused persons, including the mother of co-accused Md. Sufiyan, namely, Anisur Nisha, who has been declared as an absconder vide order, dtd. 22/12/1997 and another co-accused Md Wadud died during the pendency of the trial. Learned Chief Judicial Magistrate, Jamui, took cognizance and committed the case to the court of sessions on 14/5/1998 and the learned Sessions Judge, Jamui, transferred the case to learned Additional Sessions Judge, Fast Track Court No. 2, Jamui, for trial and disposal.