SHAILENDRA KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this application under Section 482 Cr.P.C. the two petitioners herein have sought to question the propriety of the order dated 17.6.2005 passed by the learned 1st Additional Sessions Judge, Sitamarhi in Sessions Trial No. 223 of 2003 arising out of Dumra RS. Case No. 127 of 1998 whereby the learned court has summoned and directed them to stand trial along with those who had already been committed.

(2.) The factual matrix leading to the registration of the aforesaid Dumra P.S. Case may be culled out from the written report submitted by one Rani Devi who stated therein that her father Ram Naresh Singh for personal illegal gains solemnized her marriage with Sanjiv Kumar Singh alias Babloo Kumar Singh, the son of Shambhu Singh. It is said that shortly after the marriage in the month of July her father on the pretext of performing 'Puja' brought her and her husband to his home at Azamgarh and where they remained. It is alleged that her father had criminal antecedents and was involved in several cases and many unknown criminals were regular and frequent visitors to his home and her father started requesting for money from her husband and on one occasion her uncle Vinod Singh requested for Rs. 20,000/- and threatened that if the said sum was not given they would not be permitted to go to their home and that her father-in-law would have to suffer dire consequence. It is further alleged that the uncle had also advised her to request her parents to sell land and hand-over money to the uncle so that amounts of loan could be re-paid and on several occasions there were quarrel between her father and her husband over the issue. It has also been alleged that she had seen her father get some papers signed by her husband and notwithstanding several requests she and her husband were not permitted to return to their marital home. It was further said that in the night of 15.8.1998 some unknown persons came to the house of the father and in the morning of the following day they took away her husband. The informant claimed to have become anxious over the matter and quietly she left her father's home and went to her sasural where she narrated the incident to her parents-in-law. Initially her parents-in-law did not appear to be responsive but when the husband did not return home her father-in-law with some co-villagers went out in search of her husband and in course thereof they learnt from the people of Azamgarh that it was her father who inconnivance with other criminals had taken her husband to Delhi on the pretext of getting him employment. Searches at various places including Delhi proved futile and on query being made from her father no satisfactory reply was forthcoming. It has also been alleged that since her parents-in-law were simple people and were afraid of the criminal antecedents of her father it was she who had come to report the matter to the police and she expressed her suspicion that her husband may have been done to death since for the past three or four days her father was seen moving in suspicious manner around her sasural. She also expressed her apprehension of being kidnapped by her father.

(3.) After due investigation the police submitted a chargesheet against her father Ram Naresh Singh and at the sessions trial as many as 9 witnesses were examined.