RAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the 13 persons who have been arrayed as accused in Complaint Case No. 1082 of 2003 through this application have prayed for the quashing of the order dated 24.2.2007 passed therein by the learned Sub -Divisional Judicial Magistrate, Gaya, whereby the prayer to discharge the petitioners under Section 245 Cr.P.C. for offences punishable under Section 498A I.P.C. and 3/4 of the Dowry Prohibition Act has been rejected.

(2.) ONE Sushila Devi, the complainant, who has been impleaded as O.P. 2 herein, stated in her complaint petition that her marriage with petitioner no. 1 Raj Kumar Singh was solemnized on 10.7.1997 whereat gifts in dowry and ornaments worth Rs. 75,000/ - was given at the time of marriage. After marriage the complainant went to her matrimonial home with articles gifted to her and stayed there for 4 -5 days, whereafter she is said to have returned to her parental home with her father. During this brief stay the accused inlaws are alleged to have threatened the complainant with dire consequences if she did not bring a motorcycle and Rs. 50,000/ - in cash from her father. The complainant is said to have transmitted this fact to her brother and father on her return to her parental home. It is further said that after staying in the parental house for 11/2 years the date for ruksadi was fixed and accused husband instead of coming on the date fixed came 5 days thereafter at Manpur Railway Station and asked the household members to bring Sushila to the station. The accused husband is also alleged to have threatened the complainant of teaching her a lesson for not having fulfilled the demand of Rs. 50,000/ - in cash and Hero Honda Motorcycle and failure to bring the demanded requirements would soon be known to the prosecution party. It was also alleged that the complainant was brought to the Manpur Railway Station with all articles and ornaments wherefrom the accused -husband took the complainant to the matrimonial home where she was again tortured for non -fulfillment of the demanded cash and motorcycle. She was also abused in filthy language and she was not given necessary clothes and she was assaulted by her husband, gotini, devar, nanad over trifling matter and on several occasions she would be locked in a room and assaulted by the accused persons. She was coerced to inform her father regarding the demand and she kept tolerating the abuses and assault that she was subjected to as the financial condition of her parents was not good enough to cater to the additional demands. Her father and brother came to reason with her in -laws but they were abused by her in -laws and driven away and when she objected she was assaulted and abused. Finally, the husband took the complainant into a room and assaulting her, attempted to strangulate her with the sole intention of killing her and as a result thereof she became unconscious seeing which the husband thought her to be dead and started looking for ways to dispose of the dead body when the complainant 'sbrother arrived and sprinkling water brought the sister to her senses. On information sent by him the father and uncle of the complainant came over to reason with the in -laws who remained adamant with their demand and stated that the demand should be met within five days failing which she would be driven away. It has been submitted on behalf of the petitioners that they are innocent and had not made any demand for any additional dowry. It was also submitted that Matrimonial Suit No. 38 of 2003 was filed by the accused husband in Court of learned District Judge, Nalanda with a prayer to grant a decree of dissolution of the marriage of petitioner no. 1 with complainant on the ground of the complainant leading an adulterous life and suffering from venereal diseases and eventually by judgment and decree dated 15.3.2004, the 3rd Additional District Judge, Nawada declared the marriage null and void and granted decree of divorce. It was submitted that in giving the decree the learned Additional Judge hold that the complainant was aged between 16 -17 years at the time of marriage and she had deserted her husband since more than 7 years and that the relationship between the husband and wife had never been established.

(3.) THE learned counsel for the petitioners also sought to bring to notice the fact that the complainant had earlier filed a complaint before the Manila Kosang Committee, Nawada against her husband and others bearing Case No. 603 of 2003 and in the said case which was disposed of on 19.12.2003 it was held that the allegations levelled by O.P. No. 2 (complainant) against the accused -husband and others was false and imaginary. It was also submitted that Misc. Case No. 3 of 2003 had been filed by the complainant to set aside the ex parte decree granted by the Additional Judge in the Matrimonial Case which was still pending. The learned counsel was also critical of the evidence of the witnesses examined before framing of charge as their evidence was vague and general in nature. In other point raised was regarding the maintainability of the case before the Court at Gaya since all cause of actions has taken place within the territorial jurisdiction of Nawada District Court i.e. the matrimonial home. It was also submitted that the prosecution under Section 498A I.P.C. cannot be sustained against accused Suresh Singh, Munna Singh, Lallu Singh, Most. Saraswati Devi, Bhushan Singh and Madhuri Devi as they were not related to the husband of the complainant. Grievance was also raised regarding the contradictions in the version of the complainant and her witnesses examined under Section 244 Cr.P.C.