ANANT KUMAR SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for O.P. No. 2 and learned A.P.P. for the State.

(2.) The present application has been filed on behalf of the petitioners under Sec. 482 Cr.P.C. for quashing the order of cognizance dtd. 26/5/2017 passed by the learned S.D.J.M., Dehri, Rohtas (hereinafter referred to as 'Magistrate') in Dehri (T) P.S. Case No. 601 of 2016 wherein learned Magistrate took cognizance of the offences under Ss. 498A, 323, 504/34 of the Indian Penal Code, 1860 and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961 against the petitioners.

(3.) The case arises out of Dehri (T) P.S. Case No. 601 of 2016 instituted on the basis of the self-statement of O.P. No. 2. As per the F.I.R., the marriage of O.P. No.2 was solemnized with petitioner no.1, Anant Sahu (now deceased), on 19/5/2013 at Dehri Town in accordance with Hindu rites and rituals. After marriage, she initially resided with her husband at Hyderabad, where he was employed, and thereafter shifted with him to Greater Noida upon his transfer. It is alleged that after some time of marriage, she was subjected to cruelty and physical assault by her husband and other in-laws (petitioner nos.2 to 5). The O.P. No.2 has further alleged that at the time of marriage, cash of Rs.8,00,000.00 and jewellery worth approximately Rs.10,00,000.00 were given by her family under pressure to the petitioners, yet the accused persons remained dissatisfied and continued to subject her to harassment for further demands. It has been further alleged that during her pregnancy she was mercilessly assaulted, which compelled her to return to her parental home. Thereafter, on intervention of well-wishers from both sides, the husband executed a bond dtd. 28/9/2015 assuring proper care, respect and security to her. According to the F.I.R., although there was temporary normalcy, the alleged harassment continued. It is also alleged that subsequently the husband started his own business and obtained a personal loan of Rs.8,75,000.00 in the name of the informant from HDFC Bank for investment in his business, along with a credit card facility of Rs.2,00,000.00. Upon repayment of the loan, pressure was allegedly exerted upon her to arrange money from her parental family. The informant has further alleged that on 27/10/2016, while residing at Greater Noida, she was again assaulted by her husband and in-laws, after which she returned to her parental home and lodged the present F.I.R.