TRI VIKRAM MISHRA S/O LATE RAM PRASAD MISHRA Vs. STATE OF BIHAR AND SMT.PUSHPA MISHRA, DAUGHTER OF SRI RAGHUNANDAN SINGH

JUDGEMENT

(1.) CR . Misc. No. 44440 of 2006 filed by Anand Kumar Mishra and Cr. Misc. No. 34241 of 2006 preferred by the remaining six persons arrayed as accused in Complaint Case No. 2319(C) of 2005 have been taken up together as in both the applications a prayer has been made for quashing of the order dated 21.10.2005 passed in the said complaint case by the learned Sub Divisional Judicial Magistrate, Patna, whereby cognizance has been taken under Sections 498A and 406 IPC as also Section 3/4 of the Dowry Prohibition Act and having been heard together are being disposed of by this common order.

(2.) The facts of the complaint case may be noticed with relative brevity. One Pushpa Mishra, the complainant and wife of petitioner Anand Kumar Mishra, impleaded in both cases as O.P. No. 2, filed the aforesaid complaint inter alia alleging commission of offences under Sections 498A, 406, 324. and 307/34 IPC and 3/4 of the Dowry Prohibition Act at the hands of the accused on 2.7.1995, several subsequent dates thereafter and at 7 P.M. on 7.7.1995. The place of occurrence is said to be Birganj, Nepal and also the bye -pass road under Jakkanpur P.S. in Patna.

(3.) ACCORDING to the complainant her marriage with accused Anand Kumar Mishra was solemnized on 2.7.1995 at Pandui Kothi Campus, Patna whereat various items and cash were given by the complainant 'sfather as per his financial status. It is alleged that she entered into the matrimonial home at Birganj in Nepal and after stay of 10 days she returned to her father 's place at Patna. She found the behaviour of the in -laws were not good and they used to misbehave and torture her. It is said that at the time of marriage the husband was employed in the Telecommunication Department, Govt. of Nepal, and at the time of filing of the complaint he was residing at New Delhi where he was employed in a private company. The complainant claims to have gone back to the matrimonial home again where demand for dowry in the form of money was made by her parents - in - law on one pretext or the other and these were fulfilled by her parents in the hope that their daughter, the complainant, would live in peace in the matrimonial home. It is alleged that the complainant was surprised to see that her gotani was instrumental in instigating the mother - in - law and in pursuance thereof all the accused persons started torturing the complainant where accused No. 4 Arbind and his brother accused No. 7, Alok, frequently caught hold of her hair and pulled the same, sometime in the presence of guests and thereby the complainant suffered both physically and mentally. It is also alleged that the parents of the complainant frequently gave gifts and cash in the hope that the sasural people of her daughter would remain satisfied but the unending and greedy demand of the accused persons remained and she was assaulted severely and on certain occasions she sustained serious bleeding injuries but this was hardly any cause for sympathy being expressed by her in -laws.