LAWS(PAT)-2018-9-72

JAYANAND TIWARI Vs. STATE OF BIHAR

Decided On September 18, 2018
Jayanand Tiwari Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 05.07.2013 passed by learned Judicial Magistrate, Patna, in connection with Rajiv Nagar P.S. Case No. 4 of 2013 by which the learned Magistrate took cognizance against the petitioners and other accused person for the offences under Sections 341, 323, 379, 498(A), 504/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

(2.) It is alleged in the written report that informant (opposite party No.3) learnt that his sister namely Sangeeta Devi @ Baby (opposite party No.2) was assaulted and tortured by accused persons in various ways for non-fulfillment of demand of Maruti Swift Car. On receiving information, the informant along with his sister-in-law (Bhawah) went to the sasural of sister of the informant. The accused persons assaulted sister-in-law (Bhawah) of the informant after closing the room, on account of which, she has sustained grievous injury. It is further alleged that all the accused persons named in the First Information Report snatched golden chain, ear-ring and Rs. 510/- from sister-in-law of the informant. The accused persons also took out Rs. 11,500/- from the purse of the informant.

(3.) Heard learned counsel for the petitioners, learned counsel for the opposite party No. 2 and State.