MD. SAUKAT ALI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Manoj Kumar Sinha, learned counsel appearing on behalf of the petitioners and Shri Subhash Chandra Mishra, learned A.P.P. for the State.

(2.) The instant application has been filed for quashing the order taking cognizance dated 05.12.2013 passed by Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in Parsauni P.S.Case No.109 of 2013, whereby and where under, after perusal of the records, cognizance has been taken against the petitioners for the offences punishable under Section 498A/34 of the Indian Penal Code.

(3.) The factual matrix of the aforesaid case as stated in the complaint petition of O.P. No.2, father of O.P. No.3, is that O.P.No.3 Nagma Parveen was married as per Muslim custom with Hazrat Ali alias Munna son of petitioner nos. 1 and 4 on 28.10.2010 and the informant/complainant gave several house hold articles, ornaments worth Rs. 3 lacs by way of gift, gave Rs. 25000/- and gold ring to his son-in-law and then the daughter of the complainant went to her Sasural but after a week of stay, all the accused persons started demanding cash of Rs. 50000/- and one motorcycle from O.P.No.3 which was refused due to which she was abused, assaulted and tortured by all the accused persons. The matter was reported by her to the informant and he brought back his daughter to his village. However, after several requests and persuasions in the month of June, 2012, the accused persons again brought O.P.No.3 in her in-laws house but again the same treatment was meted and she was not provided even food on so many days and she was being assaulted after closing her in a room. No telephonic talk was exchanged between the victim and her father (informant) for about three months and then on suspicion, the informant visited the house of the victim's in-laws on 15.8.2013, where he was informed that her daughter has fled away without any information resulting to the informant suspected that her daughter has either been killed for not fulfilling the demand of dowry or she has been trafficked, the informant went at Parsauni Police Station where he was advised to lodge the complaint case and accordingly, on 21.8.2013, the complaint case was lodged which was sent under Section 156(3) of the Cr.P.C. for registering the case and investigation. During investigation, the victim girl was recovered and her statement under Section 164 Cr.P.C. was recorded by the Judicial Magistrate on 7.9.2013, wherein she stated that she lived happily in her in-laws house for two months with her husband after the marriage but when her husband went to foreign country (Qatar) to earn livelihood, her mother-in-law (Petitioner No.4), father-in-law (Petitioner no.1), brother-in-law (Dewar-petitioner no.3,) and sister-in-law (Nanad-petitioner no.2) always used to abuse, assault and torture her for small and petty matters. She has further stated that her mother-in-law always used to assault her and they used to pressurize her to bring Rs. 50000/- and motorcycle and when her husband returned from Qatrar, her mother-in-law used to give wrong advice to him and then he some times used to scold her but he is a good man and her mother-in-law, father-in-law brother-in-law and sister-in-law used to abuse, assault and torture her by demanding dowry.