VIJITA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State.

(2.) The present application has been filed by the petitioner for quashing of the order taking cognizance dtd. 28/7/2015 passed by the learned S.D.J.M Sadar, Sitamarhi in Tr. No.3671 of 2015 (arising out of Sonbarsa P.S. Case No.49 of 2014) whereby the learned jurisdictional Magistrate has taken cognizance for the offences punishable under Sec. 498-A of the Indian Penal Code (for short 'IPC') and Ss. 3 and 4 of the Dowry Prohibition Act against the petitioner.

(3.) The prosecution case, inter alia, as alleged in the complaint petition by the complainant/opposite party No.2 is that the informant lived at Kathamandu, where co-accused namely, Praveen Mishra was working with Nepali News Channel, who took the informant/O.P. No.2 in confidence and developed intimacy with her. He told informant this his wife (petitioner) has died. Later on, he developed love affairs with the informant/O.P. No.2 and performed marriage with her on 26/4/2012 in temple in Nepal. The informant came to her Sasural and lived there happily for one year. She learnt in her Sasural that first wife of Praveen Mishra is alive. One daughter was born to the informant after marriage with the Praveen Kumar on 7/4/2013. The father of the informant spent about Rs.50,000.00 in the Chhathi of daughter of the informant. It was alleged that accused, namely, Geeta Devi passed comments on the informant that Praveen has performed marriage with the informant, who is not suited for him. Thereafter, the informant's husband started giving pressure to the informant to bring Rs.4.00 lacs from her father to purchase flat at Kathamandu. The informant gave Rs.2.00 lacs to the accused persons, but her husband continued to make pressure for payment of further Rs.2.00 Lacs. The informant showed her inability after realizing the financial condition of her father. Then, other co-accused persons sold all the jewellery of the informant and also advanced threat of dire consequences. The co-accused Praveen Mishra gave threat to the informant that he will remove all the proofs of the marriage and will ruin the future of the informant. The other accused persons also helped the husband of petitioner in committing torture to the informant. On 27/4/2014, all the accused persons abused and assaulted the informant pressed her neck with scarf (GAMCHA) but, she anyhow succeed to saved herself by neighbourers but, was ousted with her daughter.