PUNAM @ PUNAM KUMARI, D/O LATE KRISHNA NAND TIWARY, WIFE OF RAHUL MISHRA Vs. THE STATE OF BIHAR AND ANOTHER

JUDGEMENT

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

(2.) Both the applications have been filed for quashing the order dated 27.08.2013 passed in Bhabhua P.S. Case No. 298 of 2016/ G.R. No. 1101 of 2006, whereby the Chief Judicial Magistrate, Kaimur at Bhabhua, took cognizance of the offence under Sections 304(B) and 201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against five accused named in the F.I.R. including the petitioners, hence both applications are heard together and are being disposed of by common order.

(3.) The facts leading to these applications are that complainant-opposite party no. 2, Paras Nath Tiwary, talked to perform the marriage of his daughter, Pratima @ Gudia Devi, with accused no. 1, Upendra Tiwary @ Pandit (petitioner of Criminal Misc. No. 17042 of 2014) and Komal Tiwary (accused no. 4) and Prkalu @ Pankaj Tiwary (accused not 5) demanded cash of Rs.25,000/- as expenditure of 'Barat'. At that time, Upendra Tiwary @ Pandit also asked for motorcycle. Thereafter, accused No. 2, Punam @ Punam Kumari and accused no. 3 Lalli @ Lalli Devi @ Bandana (petitioners of Criminal Misc. No. 46485 of 2013) along with Komal Tiwary and Prkalu @ Pankaj Tiwary had come to see his daughter, Praima @ Gudia Devi. At that time, complainant-opposite party no. 2 gave cash of Rs.25,000/- as 'Barat' expenditure to Komal Tiwary. Accordingly, marriage of his daughter was performed in the month of May, 2001 with accused no. 1, Upendra Tiwary @ Pandit. At the time of 'Bidai' of his daughter, accused nos. 1, 4 and 5, Upendra Tiwary @ Pandit, Komal Tiwary and Prkalu @ Pankaj Tiwary made demand of motorcycle but complainant-opposite party no. 1 showed his enability to fulfil the demand and anyhow his daughter was sent in Bidai at her Sasural. After some days, complainant-opposite party no. 2 went at the 'Sasural' of his daughter and met with his daughter. At that time accused no. 1, Upendra Tiwary @ Pandit and accused no. 4, Komal Tiwary were not present. After one year, his daughter came at his house then narrated about her torturing due to non-fulfilment of demand of motorcycle. On 20.08.2006, Accused no. 1, Upendra Tiwary @ Pandit, along with other persons came at the house of complainant-opposite party no. 2 and talked his wife to take his daughter, Pratima @ Gudia for checkup of her pregnant and both carried her on pretext of checkup. On next day, Upendra Tiwary, son of complainant opposite party no. 2 went at the sasural house of Pratima @ Gudia but she was not there. When Upendra Tiwary asked to accused no. 1, Upendra Tiwary @ Pandit about his sister then he asked to give him motorcycle, if he wants to see his sister. On 27.08.2006, the complainant-opposite party no. 2 received information about killing of his daughter, Pratima @ Gudia Devi by her husband and in-laws and to disposed of her dead body.