PAWAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner being husband has filed this application under Section 482 of the Code of Criminal Procedure for quashing the order dated 26.08.2015 passed by learned Judicial Magistrate, 1st Class, Masaurhi, Patna in Complaint Case No. 336 (c) of 2015 whereby finding prima facie case under Sections 498(A), 379 and 323 of the Indian Penal Code. Processes have been issued against the petitioner and other accused persons to appear before the Court to face trial.

(2.) A complaint petition was filed in the Court of learned Sub-Divisional Judicial Magistrate, Masaurhi on 31.07.2015 alleging inter alia therein that the marriage of the complainant was solemnized with the petitioner, namely Pawan Kumar on 24.02.2007 in accordance with Hindu religious rites and rituals in a temple at Dhanbad, in which her father had given various gifts including cash of Rs. 1,25,000/- and furnitures worth Rs. 1,00,000/- and after marriage, she went to her in-laws house (sasural), where out of wedlock two daughters namely Sapna Kumari, aged about 7 years and Swechha Kumari, aged about 3 years were born in course of time.

(3.) It is further alleged that her husband, namely Pawan Kumar (petitioner herein), works in a steel factory in Orissa, but after sometime of marriage all the accused persons as named in the complaint started torturing her for fulfilling the demand of Rs. 1,00,000/- and when she shows her inability to fetch the same, she was variously tortured by all the accused persons. The accused persons including the petitioner and dewars started burning her body with cigarettes and she was practically restrained from meeting anybody from her parents home. On 25.07.2015, at about 06:00pm, she was variously assaulted for non-fulfillment of dowry demand and forcibly expelled from matrimonial home, after snatching her jewellery of gold. The matter was reported to local police on 30.07.2015, but their indifference to register a case, forced the complainant to approach the Civil Court by filing a complaint case.