SHEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE repeated filing of complaint petitions in the Court and/or statement before the police at the instance of O.P. No. 2 herein or her father has led the petitioners to seek protection from the Court. By this application they have sought for quashing of the order dated 5.8.2005 passed in Dehri P. S. Case No. 140 of 2005, G.R. No. 792/2005, whereby the learned Chief Judicial Magistrate, Rohtas at Sasaram, has taken cognizance of offences punishable under Sec. 498A I.P.C.

(2.) ON a written report submitted by one Baijyanti Devi, wife of Birendra Kumar Singh, who happens to be the son of petitioner nos. 1 and 2 and brother of petitioner no. 3, Dehri P.S. Case No. 140 of 2005 was registered on the allegation that the petitioners assaulted the informant and ousted her from their house and confiscated all her ornaments etc. Curiously, however, the husband was omitted from being arrayed as one of the accused.

(3.) THE learned counsel for the petitioners also sought to submit that the informant and her father are ruthlessly trying to persecute and prosecute the petitioners by whatever means possible. In this connection it was sought to be submitted that prior to the filing of the instant written report there had been three early attempts at harassing the petitioners which started in the year 1996 when the father of the informant herein Jang Bahadur Singh filed Complaint Case No. 163 of 1996 against the three petitioners herein, the husband of his daughter and his sister alleging commission of offences under Sections 498A , 120B , 379 I.P.C. as also 3/4 Dowry Prohibition Act for the period 21.7.1995 to 1.2.1996. In the said complaint case all the accused persons were acquitted vide dated 10.10.1996 passed by Sri Shailendra Kumar Singh, Judicial Magistrate, 1st Class, Sasaram.