SAJJAN KUMAR HISARIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 13.01.2012 passed by the learned Sub Divisional Judicial Magistrate, Patna, in Complaint Case No. 1812(C) of 2011 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners and other accused persons for the offences under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

(2.) Heard learned counsel for the petitioners and State.

(3.) As per complaint petition, the complainant has love affair with one Rahul Ranjan and, both finally got married on 19.4.2009. There is allegation against these petitioners in paragraphs7 to 15 that after marriage of the complainant with said Rahul Ranjan, these petitioners being the father, mother and brother of the husband of the complainant, did not allow proper restoration of conjugal life between husband and wife. There is specific allegation against them that they instigated Rahul Ranjan when he went again to live in Chennai with complainant and also committed mental and physical torture with the complainant. On such instigation, the relationship between husband and wife finally broke off and the husband left the complainant.