SHUSHILA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure (for short 'CrPC') has been filed by the petitioners for quashing the impugned order dated 20.09.2013 passed by the learned Judicial Magistrate-1st Class, Muzaffarpur in Ahiyapur P.S. Case No. 4 of 2009 corresponding to G.R. No. 41 of 2009 whereby the application filed on behalf of the petitioners under Sec. 239 of the Crimial P.C. seeking discharge from the case has been dismissed.

(2.) According to the prosecution case, the informant Priyanka Pandey, a resident of village-Kolhua Paigambarpur, P.S.-Ahiapur, District-Muzaffarpur, was married to one Rajeev Ranjan Kumar Pandey on 11th of July, 2001 according to the Hindu rites, rituals and customs. After marriage, she was brought to her sasural at village-Ekma, P.S.-Ekma, District-Saran (Chapra) where she spent her normal married life for some time, where after her husband started coercing her to bring Rs.8-10 lakhs from her maike so that he may buy a house at Patna. When she said that the financial condition of her father was not sound and it would not be proper for her to demand money from him, her husband, who was in service in Railway took a house on rent in Hajipur and started living there. The informant refused to stay with him at Hajipur, as she apprehended that she may be killed by her husband. Subsequently, her husband was posted at Muzaffarpur. He started living there in Railway quarter. When her father met him there, he started abusing him in her presence. Finding no way out, her father contacted the S.H.O. of Brahmpura Police Station. By the time, the S.H.O. came at the Railway quarter, her husband had left the house. The S.H.O. brought her to the Police Station and talked to her husband on his mobile phone. He told him to take back his wife. Though she waited for about two hours in the Police Station along with her father, her husband did not turn up. Thereafter, her father took her to his own house. In the same night her husband took away all his belongings from the Railway quarter and vacated the same. It is stated that the informant was also blessed with a baby out of the wedlock. An information was also given by her to the Deputy Inspector General, Tirhut Range in respect of cruelty being meted out upon her. When her husband came to know about the complaint made to the Deputy Inspector General, he became angry and tried to set her on fire with the help of his father and other relatives on 05.03.2008. He abused and assaulted her and forcibly took away their daughter on that day. On 25.04.2008, an unknown person informed the informant that her husband had lodged a case against her and her relatives in the Hajipur Civil Court. She also came to know that her husband was keeping another lady at Hajipur and was claiming her as his wife.

(3.) On the basis of the aforesaid allegations made by the informant Priyanka Pandey, Ahiyapur P.S. Case No. 4 of 2009 was registered under Sections 494 and 498-A of the Indian Penal Code against Rajeev Ranjan Kumar Pandey, husband of the informant, his father Dahari Pandey and the petitioners of the present case.