SANT BILASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three petitioners who have been impleaded as accused in Complaint Case No. 749 of 2005, Tr. No. 1235 of 2007 are aggrieved by and have prayed for the quashing of the order dated 26.7.2005 whereby cognizance for offences under Ss. 498-A/323/34 of the Indian Penal Code have been taken by Sri Sarabjeet, Judicial Magistrate, 1st Class, Gaya and consequential proceedings thereafter including the issuance of process under Ss. 82 and 83 of the Code of Criminal Procedure.

(2.) One Mamta Devi, the wife of petitioner no. 3, herein, filed the aforesaid complaint inter alia alleging that her marriage with the petitioner no. 3 was solemnized on 25.2.2001 and on the same day Duragaman was also performed and she went to her sasural and although the initial period in the marital home was spent peacefully and in cordial atmosphere but in the month of October, 2004 all the accused persons sitting in a room called her and directed her to bring Rs. 1,00,000.00 from her parental home so that her husband could be set up in business. It is said that the complainant protested to the demand saying that all items demanded had been given at the time of marriage and with the death of her father for the other members of her family it was impossible to arrange such amount. It is alleged that on the protest raised by the complainant accused persons became angry and started abusing her in filthy language and also started assaulting her with fists and kicks. It is said that her torture, mentally and physically, continued and in December, 2004, she managed to send information to her parental home. It is further said that in the month of January, 2005 the witnesses named at serials 2 to 5 of the complaint petition reached her marital home to settle the differences but they were abused and assaulted. It is also alleged that three months thereafter the accused persons again called the complainant and reiterated their demand and even suggested that her Maika people should sell their house in Wazirganj Bazar and arrange for money and when she refused to comply she was again abused and assaulted by fists and kicks and was also prevented from taking food and water. It is said that the complainant seeing her condition agreed to go to her parental home but as she was taking the box containing all her jewellary and clothes worth Rs. 40,500.00, the same was confiscated by her mother-in-law and when she refused to go without the box she was again abused and assaulted and eventually she was ousted from the house. It is also said that after she had narrated her tales of woe, witnesses nos. 2, 3 and 4 of the complaint petition again went to her marital home to reason with them but they were again abused and given to understand that nothing would be done without the money being handed over. The witnesses approached the Police Station without any succeeds. Hence, the complaint petition.

(3.) After inquiry u/s. 202 of the Code of Criminal Procedure cognizance under Ss. 498-A/323/34 of the Indian Penal Code was taken against all the three petitioners.