KANTI DEVI W/O S/O LATE RAJENDRA PRASAD, PERMANENT RESIDENT OF BAJITPUR, P.S. KARAI PURSURAI, DISTRICT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rabi Bhushan Prasad, learned counsel for the petitioners, Mr. Ranjan Kumar Sinha, learned counsel for the Opposite Party No.2 and Mr. M.K.Gautam, learned counsel for the State.

(2.) By way of the present application preferred under Sec. 482 of the Code of Criminal Procedure (for short ‘CrPC’), the petitioners seek quashing of the order dated 25th Jan., 2010 passed by the learned Sub Divisional Judicial Magistrate, Patna in Complaint Case No. 1152(C) of 2009, whereby, finding a prima facie case to be made out under Sec. 498-A of the Indian Penal Code (for short ‘IPC’) and Sec. 4 of the Dowry Prohibition Act, 1961, the petitioners have been summoned to face trial.

(3.) In Complaint Case No. 1152(C) of 2009, the complainant has alleged that she was married to the petitioner no.2 Nitish Kumar on 11th July, 2008 at Chitranjan Park in New Delhi as per Hindu rites and customs and at the time of marriage her father had given costly gifts and ornaments to the accused persons and had spent Rs.8 lakhs in the marriage ceremony. After marriage, she went to Faridabad and started living there with her husband. However, the petitioners started demanding one Maruti Car and on failure to fulfil the said demand, she was being tortured in various ways. When her father tried to resolve the dispute through negotiation, he was also threatened and abused.