JANARDAN MAHARAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is one of the F.I.R named accused of Manjhi P.S. Case No. 118 of 2004 arising out of Complaint Case No. 84 of 2002 prays for the quashing the F.I.R. of the said case pending before the learned Chief Judicial Magistrate, Saran at Chapra. It has been stated that petition for grant of anticipatory bail vide Cr. Misc. No. 41011 of 2005 had been rejected by order dated 31.3.2006.

(2.) LT appears that one Asha Sharma, the complainant, impleaded herein as O.P. No. 2 filed Complaint Case No. 84 of 2002 alleging that the marriage of her daughter Madhu Sharma with accused no. 1 Amarnath Maharaj has been solemnized in the year 2000 whereat Rs. 25,000/ - in cash 3 tolas of gold ornaments and 10 tolas of silver ornaments were given. It was further alleged that after the marriage the accused persons including the petitioner started putting pressure upon Madhu to bring Rs. 50,000/ - from her parents which would be used in her unemployed husband establishing himself in some sort of business and as the demand was not fulfilled the relationship between them became strained. It is said that one day the complainant came to know through one Aziz Mian a businessman that her daughter was burnt to death and her dead body had surreptitiously been thrown some where near Hajipur. It is further said that when the complainant went to village Madhurapur alongwith her husband, her brother and the aforesaid Azia Mian she first met the son -in -law Amarnath enroute who disclosed that Madhu had died due to burn injury. Later on, on reaching the matrimonial house of Madhu, whereas Amarnath on inquiry disclosed that Madhu had absconded somewhere else, the mother -inlaw disclosed that she had disappeared after collecting the ornaments from the house. It is alleged that when the complainant started crying the accused persons offered Rs. 20,000/ - and told them to leave the place silently otherwise they will face dire consequences. The complainant is said to have visited the police station who did not register the case. Then she came back to her village and on 8.1.2002 at about 11. A.M. accused nos. 1, 2 and 4 came to the house of the complainant and offered Rs. 25,000/ - to her husband which the husband refused to accept and this resulted in exchange of hot words and attracted thereby when the local residents started assembling there the accused persons left the place. The complainant is said to have gone to Manjhi P.S. to lodge a case where the police suggested her to file a complaint petition in Court. Hence the complaint was filed on 10.1.2002. The learned Chief Judicial Magistrate transmitted the said complaint to the concerned Police Station under Section 156(3) Cr.P.C.

(3.) IT appears that later on it transpired in the mind of the complainant that the aforesaid complaint petition had been filed due to misunderstanding and mistake of fact and having realized her mistake the complainant on 11.2.2002 filed a petition in the Court of the learned Chief Judicial Magistrate, Saran at Chapra, in the said complaint case stating therein that the case had been compromised between the parties and as such a prayer was made for permission to withdraw the case. She further stated in the said petition that in compliance of the order dated 10.1.2002 she had not filed the requisites in the Court. The said petition was directed to be kept on record.