KAPIL MUNI TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD [earned counsel for the petitioners and learned A.P.P. for the State. Although notice was issued to the complainant -O.P. No. 2 and the same was validly served she has chosen not to appear to contest this application.

(2.) THE two petitioners who alongwith others have been made to figure as accused in Complaint Case No. 544 of 2006 are aggrieved by order dated 13.1.2007 passed therein by learned Sub - Divisional Judicial Magistrate, Sasaram, whereby he has taken cognizance of Section 498A I.P.C. and Section 4 Dowry Prohibition Act against the petitioners and others. According to the complainant at the time of her marriage with Radhe Shyam Tiwari gifts and costly items were presented which were commensurate with the earning capacity of her father and on the entry into the matrimonial home the initial period was spent in bliss and cordiality and out of the wedlock a daughter, Laxmi, was born.

(3.) IT appears that the birth of the daughter was the bane for the complainant since it was only thereafter that the accused persons started torturing her for not giving birth to a son. It is said that the father of the complainant gave some money for treatment on the presumption that the same would be of some help in her giving birth to a son and small gifts of money were made from time to time for the maintenance of the complainant and her minor daughter. In the year 2002 the complainant again give birth to another daughter and this time she was compelled to do domestic work in the family of the agnates.