NARAYAN BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party no. 2.

(2.) This application under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed for quashing the order dated 10th July, 2009 passed by the learned Judicial Magistrate 1st Class, Patna City in C.A. Case No. 179 of 2009 whereby, finding a prima facie case to be made out under Sections 323 and 498-A of the Indian Penal Code, the petitioner has been summoned to face trial.

(3.) According to the complainant-opposite party no.2, his daughter Amrita Devi @ Bindu Devi was married to the petitioner Narayan Bind in the year 2003. At the time of marriage, gifts both in cash and in kind were given to the petitioner. Later on, his daughter went to her sasural where she was subjected to cruelty for non-fulfilment of demand of dowry. On 17th Dec., 2008 the complainant received telephonic message from the petitioner regarding ill health of his daughter and when he along with his family members went to the sasural of his daughter, he saw the house locked and the accused persons were absconding. On enquiry from the residents of the locality, he came to know that his daughter is lying dead near the Primary School situated in the village. He immediately went to the place where the body of his daughter was lying. He suspected that his daughter was killed by the accused petitioner by administering poison.