BELA PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application on behalf of two petitioners seeks quashing of the proceedings and the order of cognizance dated 17.6.2002 in Complaint Case. No. 2105(C) of 2001 pending before the Judicial Magistrate, Patna, under Sections 498-A and 304-B of the Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

(2.) Complaint case No. 2105(C) of 2001 was filed before the Judicial Magistrate Patna on 8.11.2001 by the Opposite Party No. 2, father of the deceased girl, who is said to have died on 3.8.2001 at Patna, Cognizance was taken on the complaint by the Judicial Magistrate, 1st Class, Patna, under Sections 498-A and 304-B of the Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act, by order dated 17.6.2002. The proceedings rest at his stage when the petitioners have preferred the present application.

(3.) The averments in the complaint case are that the deceased daughter of the complainant was married on 16.1.2001 according to Hindu rites to the son of the petitioner No. 1 and brother of petitioner No. 2, who are impleaded as accused Nos. 3 and 4 in the complaint. The marriage was solemnised at Calcutta. The deceased was student of B. Tech (Chemistry) Second year. The accused persons including the petitioners started torturing the deceased mentally and physically on the ground that insufficient dowry had been given. This was despite the fact that adequate dowry had been given; details whereof are mentioned in the complaint. A demand was made for additional dowry of Fifty thousand rupees for which the torture continued. The deceased came to Patna to live with her husband and was so residing at the time of her death. The torture continued at Patna also and the deceased informed the complainant of the torture and harassment over the phone. On 3.8.2001 at about 8.30 p.m. the complainant was informed by a friend of accused No. 2 (the father-in-law of the deceased) that the daughter of the complainant had met with an accident in Patna and was no more. The complainant visited the petitioners at Calcutta and was told that his daughter had committed suicide. There appeared no remorse on the face of the petitioners. The complainant came to Patna and took the body of his deceased daughter to Calcutta alone and cremated her at Calcutta. Neither did the husband of the deceased nor the present petitioners or any member of their family participated in the cremation ceremony. The complainant further stated that he was surprised to learn that no regular case had been drawn up against the accused persons and that simply an UD Case No. 1/2001 had been recorded by the S.K. Puri Police at Patna on the basis of a report given by the husband of the deceased to the local Police Station at S.K. Puri.