SHANTI DEVI @ SHANTI SHAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State. In spite of valid service of notice on opposite party no. 2, she has chosen not to appear.

(2.) Petitioners under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) seek quashing of order dated 21.08.2013, passed by learned S.D.J.M., Rosera, Samastipur in C.R. No. 352/2013, corresponding to T.R. No. 2655/2013 whereby and whereunder the learned Sub-Judicial Magistrate, Rosera, Samastipur after examining the complainant on oath and after examination of three witnesses has taken cognizance against the petitioners and other co-accused under Sections 498-A and 120-B of the Indian Penal Code and further issued summons against the petitioners.

(3.) The prosecution case, as lodged by complainant Rubi Devi @ Rubi Kumari, is that she was married to one Shambhu Rai in the year 2002, but on demand of dowry she was tortured by her husband and the petitioners. The petitioner no. 1 and 2 are Nanad and Nandoi respectively, who had sold 1 katha 1 dhur of land on a consideration amount of Rs. 95,000/- and when the complainant demanded half share she was beaten by the petitioners and husband of the complainant also slapped her.