NEERAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Thakur, learned Advocate appearing on behalf of the petitioners, Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State and Mr. Sadanand Ray, learned Advocate appearing on behalf of the opposite party No. 2.

(2.) This application under Section 482 of the Code of Criminal Procedure (for short 'CrPC') has been filed for quashing the impugned order dated 16th March, 2013 passed by the learned Sub Divisional Judicial Magistrate, Rosera, in Trial No. 2518 of 2013, arising out of Rosera P.S. Case No. 133 of 2012 by which differing with the police report, cognizance has been taken of the offences punishable under Sections 498-A, 323, 379 and 504 of the Indian Penal Code (for short 'IPC') and Section 3 & 4 of the Dowry Prohibition Act (for short 'DP Act') against the petitioners and they have been summoned to face trial.

(3.) Initially, a complaint, vide Complaint Case No. 374 of 2012, was filed by the complainant Nitu Devi, which was referred to the police under Section 156(3) of the CrPC for investigation, pursuant to which Rosera P.S. Case No. 133 of 2012 was registered against the petitioners and one Nalin Singh @ Babloo. According to the informant Nitu Devi, she was married to Nalin Singh @ Babloo on 6th July, 2008 and, after marriage, she went to her matrimonial home along with her husband where she was kept well for some time. Thereafter, the accused persons started demanding Rs.2,00,000/- and a Hero Honda motorcycle from her. When she stated that her father is a poor man and is not in a position to arrange such a huge amount, the accused persons abused and assaulted her. When she informed her father about the alleged demand, he came to her matrimonial home and tried to persuade the accused persons not to humiliate and harass her, the accused persons became more aggressive and said that until the demand is fulfilled, she would be dealt with in the same manner. It is further alleged in the FIR that when she used to go to her parents' home, her husband Nalin Singh @ Babloo used to come there also and coerce her in various ways. On 8th April, 2011, when her father along with the witnesses came to her matrimonial home and raised his grievance, the accused persons assaulted her in their presence and thrown her out of her matrimonial home after retaining her stridhan worth Rs. 70,000/- and since then she has been forced to live at her parents' home. Lastly, it is alleged that on 24th April, 2012, her father came to know that Nalin Singh @ Babloo has married another girl, namely, Deepa Kumari.