ABU HORERA Vs. STATE OF BIHAR AND ANR.

JUDGEMENT

(1.) THE petitioner has prayed for the quashing of the order dated 20.8.2004 passed by the learned Sub -Divisional Judicial Magistrate, Purnia, in Complaint Case No. CA 1465 of 2002 whereby he has taken cognizance of the offences under Sections 498A, 406 I.P.C. as also the order dated 3.3.2005 passed by the Sessions Judge, Purnia, in Cr. Revision No. 310 of 2004 whereby he has dismissed the Cr. Revision against the order dated 20.8.2004.

(2.) ONE Bibi Zaheeda, the complainant, impleaded herein as O.P. No. 2, filed the aforesaid complaint inter alia stating that she had been married to the petitioner, Abu Horera some 17 -18 years back and went to her sasural where the initial period of married life was spent in bliss. However, it is alleged that after the birth of a female child, she was subjected to torture and relegated to the position of a maid servant. She was also pressurized to bring Rs. 25, 000/ - from her father for the marriage of the daughter. It is alleged that three years after her marriage, her husband, on receiving a hefty dowry contacted a second marriage with accused No. 2, Rehana, and ever since her torture increased in intensity. It is further alleged that after a panchavati, the husband was directed to provide the complainant -wife with a separate house and make provisions for her maintenance which was complied with by the husband and a few days later a son was born to her. It is also alleged that the husband often visited her in the new house and abused and assaulted her on the instigation of the second wife. It is alleged that eventually about a month back she with her children were ousted from the house after confiscating all her personal belongings.

(3.) ASSAILING the impugned orders of the learned Magistrate and the Revisional Court, the learned Counsel for the petitioner sought to place reliance on those very documents to prove the falsity of the complainant's claim.