LAL BABU CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two Petitioners who were named as accused in Complaint Case No. 896 of 2001 giving rise to Alamganj P.S. Case No. 10 of 2002 registered under Sections 420/467/ 468/471/120(B)/34 I.P.C. have prayed for the quashing of the Order dated, 27th November, 2006 passed therein by the learned Additional Chief Judicial Magistrate, Patna City, whereunder he has taken cognizance of those offences against the Petitioners. According to Nagendra Prasad Chaudhary, the Complainant, impleaded herein as O.P. No. 2, his marriage with Petitioner No. 2, Saroj Kumari alias Anita Devi, the daughter of Petitioner No. 1, Lal Babu Chaudhary, was solemnized in the year 1987 but she could live for 15 days only in her matrimonial home whereafter she returned to her parental home and notwithstanding several attempts by him to bring her back, the accused persons refused to let her return back on the pretext that the daughter was not ready to live with an illiterate man and that she would be married else where and thereafter, his wife never returned to the marital home.

(2.) It is also alleged that even when the Complainant 'smother expired on 18th July, 1989 and she was informed about her death she never came to pay her respect and said that the relationship had terminated and Accused No. 1 gave out that she would be married eise where and in keeping with the words Accused No. 2 was allegedly married to one Binod Kumar and out of that wedlock two daughters were born whereafter Binod Kumar expired.

(3.) IT appears that Petitioner No. 2 had filed one complaint case being Case No. 168(C)99 against the Opposite Party No. 2. and others on 12Th April, 1999 in the Court of the learned Additional Chief Judicial Magistrate, Patna City, and thereafter, she filed another case for maintenance under Section 125 Cr. P.C. before the Family Court, Patna, being Maintenance Case No. 85(M) of 1996 wherein she alleged that the Complainant, Nagendra Prasad Chaudhary, had married one Rina Kumari, in the life time of his first wife, i.e., Saroj Kumari, in the Patan Devi temple and in this respect and in support thereof Saroj Devi produced one Marriage Certificate dated, 13th April, 1999 granted by the Mahant/Management of the said temple which Nagendra Prasad Chaudhary claimed was false and fabricated. It was also alleged that two birth certificates of the two daughters, Ranjeeta Bharti and Shiva Bharti purported to have been granted by the Patna Municipal Corporation were submitted before the Family Court wherein the father 'sname of the two daughters was revealed as Nagendra Prasad Chaudhary and these too as claimed by Nagendra Prasad Chaudhary, were false and fabricated to give lawful paternity to the children.