MD.MAHTAB ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed by Mahtab Alam, petitioner, who is the husband of Fatma Khatoon, (opposite party no. 2) challenging the order of the Sub -Divisional Judicial Magistrate, Patna, dated 16.8.2005 passed in Complaint Case No. 518(C) of 2004 which has been confirmed by the Addl. District and Sessions Judge, Patna, on 14.11.2005. The petitioner had filed a petition for expunging the evidence of Fatma Khatoon which was recorded for the purpose of framing of charge.

(2.) FACTS of the case are that, opposite party no. 2 filed a complaint in which the allegations, in short, are that after her marriage with Mahtab Alam on 12.1.1994 she was subjected to torture. She claimed that on the occasion of marriage her father and relations gave her gift worth Rs. 40,000.00 to 50,000/ -. Apart from that cash was also paid to the husband. After the marriage Fatma Khatoon went to her husband 'shome at Biharsharif on 13.1.1994. When she reached the matrimonial home her husband Mahtab Alam and brother -in -law Md. Shamim began to ill -treat her and abused her. Fatma Khatoon has also stated that they have got two children out of their wedlock, who are 8 years and 4 years respectively. The site party no. 2 has also alleged that her brother -in -law Md. Shamim often visited them and would ask her husband to demand different amount of money from her parents and on his persuasion the money was demanded from her family, ft is alleged that opposite party no. 2 was assaulted by her husband on several occasions and he also tried to kill her because her parents could not satisfy the demand of money made from them.

(3.) IT is relevant to state here that the petitioner was remanded to jail custody on 20.7.2004.