KRISHNA BALLABH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure for setting aside the order dated 6/8 January, 2007 passed by the Chief Judicial Magistrate, Jamui in Sono PS Case No. 102/2006, G.R. No. 1409 of 2006 taking cognizance of the offence under Sections 498A, 307/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

(2.) PRIYANKA Kumari lodged FIR on 21.10.2006 against her husband Shailesh Kumar and 4 others at Sono Police Station in the district of Jamui stating therein that she was married to Shailesh Kumar, son of the petitioners of Mohalla - Bajla Chauk, Bajarangi Gali, Deoghar on 22nd January 2006. A sum of Rs. 2 lacs in cash, ornaments etc. were given. After marriage she went to her Sasural and started conjugal life. Thereafter her husband took her to Bangalore where he was working as Assistant Manager in Integra Micro System Pvt. Limited. She lived there 3 -4 months happily and thereafter her husband asked her to bring a sum of Rs. 5 lacs from her father for purchasing a house there. On her refusal her husband abused, assaulted and thrashed her on the ground. She sent a letter to her parents at Sono and also informed her uncle who lives at Bangalore.

(3.) THE learned lawyer appearing on behalf of the informant submits that the court of Jamui has very well jurisdiction in the case. He submits that marriage took place in Village Somo in the district of Jamui where a sum of Rs. 2 lacs, ornaments etc. were given. He submits that the ornaments, clothes etc. given to the informant by her parents at the time of marriage at Sono were retained by the husband of the informant at Bangalore. So, he submits that there is breach of trust and hence the jurisdiction over the case lies in the court of Jamui as well as in the court of Bangalore.