RAMASHISH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these petitions commonly originate against an order dtd. 7/5/2013 passed by the Chief Judicial Magistrate, Buxar in connection with Buxar Mufassil P.S. Case No.213 of 2012 whereby and whereunder petitioners have been summoned to face trial for an offence punishable under Ss. 498A, 379, 34 of the I.P.C.

(2.) Opposite Party No.2 was noticed at the stage of admission of Cr. Misc. No.26600 of 2013 as well as Cr. Misc. No.30732 of 2013, who entered into an appearance, but at the time of hearing over admission, none turned up to represent her on account thereof, vide order dtd. 1/11/2013, both the petitions have been admitted. Another petition having on behalf of Ramashish Tiwari came up under Cr. Misc. No.36105 of 2013 wherein also opposite party no.2 was noticed, but as she failed to appear, on account thereof, all the three petitions have been heard together and are being adjudicated upon by a common order.

(3.) Anita Devi @ Madhu (O.P. No.2) had filed written report putting an allegation against the petitioners to the effect that her father-in-law Ramashish Tiwari happens to be under illicit relationship with Manorama Devi wife of Daya Shankar Choubey and on account thereof, allowed her to stay at his place as his mistress. Furthermore, he also developed immoral relationship with his niece Shobha Devi, Renu Devi and Laxmi Devi which was protested by her in-law and for that, ultimately, she had to face curse at the end of her father-in-law by way of driving her out from her society. Because of the fact that her husband used to remain outside for his livelihood and further, finding his absence a good opportunity her father-in-law began to pressurize her to enter into unscrupulous relationship with him and as she revolted, he began to coerce her to bring Rs.1,50,000.00 cash as well as a Hero Honda Motorcycle otherwise threatened to face dire consequences. When she informed the aforesaid event to her husband as well as father, the accused persons began to torture her as well as also occasionally, began to tease with physical activities. It has further been specified that on 27/9/2012, her father-in-law, Manorama Devi, Shobha Devi, Renu Devi, Laxmi Devi, Daya Shankar Choubey, Santosh Choubey along with two unknown persons intruded inside her room at about 11.00 p.m. At that very time, she was sleeping alone. Just after entering, Shobha Devi and Manorma Devi caught hold her hair and threw her on the ground and further, directed that as the demand is not being fulfilled, she will not be allowed to survive. During midst thereof, Ramashish Tiwari snatched golden chain, ear-top. Then thereafter, all of them, took out ornaments after breaking open her Elmira as well as valuable articles. On protest, Manorma Devi sprinkled kerosene oil and Shobha Devi lighten the match and threw over her on account of which, her Sari caught fire. She, to save her life, raised alarm and rushed to ground floor where her Dewar Ajay Tiwari, Bijay Tiwari, Ram Pratap Mishra along with others rescued her.