RAMJI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 8-5-2003 passed by the Sub Divisional Judicial Magistrate, Patna in Digha P. S. Case No. 138 of 2000, whereby the prayer made by the petitioners for discharge has been rejected.

(2.) Case started on the basis of a written report given by Opposite party No. 2, Neelam Kumari Singh, hereinafter referred to as the Informant, which led to registration of Digha P. S. Case No. 138 of 2000. According to the informant, she was married to petitioner No. 3 Dhermendra Singh on 14-5-1997 according to Hindu rites. Petitioner No. 1 and petitioner No. 2 happen to be her father-in-law and mother-in-law respectively and according to the allegation prior to the marriage a sum of Rs. 80,000/- (Eighty thousand) was paid to her father-in-law and at the time of marriage ornaments and clothes worth Rs. 65,000/- (Sixty five thousand) were also given. After the marriage, according to the report, informant went to her matrimonial home at a village in the district of Balia in the State of Uttar Pradesh and after a week the petitioners and other persons came in her room and asked her to demand from her father a Motor-cycle, Colour Television and a sum of Rs. One lakh. On the informant's refusal, she was assaulted by the petitioners. It has been further alleged that attempt was made to set her on fire but because of the intervention of the villagers, she was saved. According to the allegation, her brother came to her matrimonial home for taking her to her parent's place (Vidagiri), she was not allowed to meet him and on great persuasion she came to Patna with her brother.

(3.) Further allegation in the First Information Report is that in the month of December, 1997 her second marriage (Gouna) was performed in which informant's father gave to her husband a sum of Rs. 35,000/- Still her father-in-law demanded further dowry and threatened that in case the demand is not met, he will marry his son with another girl. Informant further alleged that she was assaulted by her husband when she was pregnant and by fraud he got her pregnancy aborted. It was further alleged that on 4-7-1999 she was assaulted and after obtaining signature on plain paper she was thrown out of the matrimonial home and threatened that in case she returns back she will be killed.