PRADEEP KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Indrajeet Jha, learned counsel for the petitioners, Sri J. Upadhaya, learned A.P.P. for the State and Sri Mritunjay Prasad Singh, learned counsel for the Opposite Party No. 2.

(2.) IT appears that the petitioners have questioned the propriety of the order dated 4.11.2004 passed in Complaint Case No. C1158/04 by the learned Sub -Divisional Judicial Magistrate, Banka whereby he has taken cognizance of offence under sec. 498A of the Indian Penal Code and Sec. 4. of the Dowry Prohibition Act against the petitioners.

(3.) IT has been submitted on behalf of the petitioners that they are innocent and have been falsely dragged into this unwarranted litigation only to cause harassment to them. In this connection it was sought to be submitted that since the complainant wife had left the marital home of her own accord and had refused to go back notwithstanding several requests in this regard. The husband was compelled to file Divorce Case bearing No. 30/1998 before the learned District Judge, Bhagalpur which was disposed of by Judgment dated 29.1.2005. It is further case of the petitioners that when the matter started going against the complainant in the Divorce case she filed the instant complaint on false averments and concocted story.