PABITRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 23:2.2005 passed by the learned S.D.J.M., Bhagalpur in Complaint Case No. 1968 of 2004 issuing processes against the petitioners in a case under Sec. 498-A of the Indian Penal Code and also under Sections 3 and 4 of the Dowry Prohibition Act by opposite party no. 2.

(2.) From the facts of this case it would appear that opposite party no. 2 was married to petitioner no. 2 on 14.3.2000 and at the time of her marriage her parents had given ornaments to her. When she went to her Sasural her inlaws and other persons named in the complaint petition started torturing her for not bringing dowry and also obtained her signatures on blank sheets of paper. Thereafter the petitioners incited opposite party no. 2 to commit suicide and also tried to give poison to her. Opposite party no. 2 filed a complaint petition against the petitioners before the Chief Judicial Magistrate, Bhagalpur in which on 23.2.2005 an order was passed for the issuance of the process against them. It is against this order that the present application has been filed on the ground that the Court at Bhagalpur has got no jurisdiction to hear this matter and to issue the processes against the petitioners.

(3.) Opposite party no. 2 in her complaint petition has further alleged that when she came to her Naihar at Bhagalpur the accused persons still tortured her for dowry and enquiry under Sec. 202 of the Code was held in which also she supported her case.