PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE under challenge is dated 5.12.2005 passed in Complaint Case No. 65C/2005, Tr. No. 1721 of 2005 by Shri D.L. Prasad, Judicial Magistrate, 1st Class, Begusarai, whereby and whereunder by disposing of the protest petition -cum - complaint petition he has passed the order of cognizance for summoning and thereby putting the petitioner for trial for the offences punishable under Sections 304 (B) and 201 of the Indian Penal Code.

(2.) INITIALLY a complaint case was filed in the court of the Chief Judicial Magistrate, Begusarai bearing Complaint Case No. 146C of 2003 against the petitioner, Baleshwar Choudhary, and other stating therein that after solemnization of marriage of his daughter Pinki Kumari with Raj Kumar Choudhary in the year 1998, month Baisakh by observance of Hindu rites and rituals. Her Duragman was performed in the year 2001 which was withheld because of non -fulfilment of the dowry demand from the time of marriage with this assurance that demand would be met. Even after such Duragman the torture, both mental and physical, as also assault in various ways commenced from her family leading to her tragic death because of such non -fulfilment of dowry demand in spite of the fact that she delivered a child. The complainant was not informed regarding the death of his daughter and when he had been to her Sasural he was informed that his daughter died 15 days earlier. The information was not given for which the informant was abused and assaulted. The complaint was filed in the court because the police did not entertain such complainant.

(3.) THE transferee Magistrate has considered the statement of five witnesses held in the enquiry under Section 202 of the Code of Criminal Procedure and arrived at this conclusion that prima facie case is made out against the petitioners under Sections 304B and 201 of the Indian Penal Code for their trial.