SUDHIR KUMAR, SATISH KUMAR BOTH SONS OF LATE AMARNATH PRASAD AND SUNAINA DEVI, WIFE OF LATE AMARNATH PRASAD Vs. STATE OF BIHAR, RAJ KUMAR BHAGAT, SON OF LATE MAHAVIR BHAGAT AND ANJU KUMARI, DAUGHTER OF RAJ KUMAR BHAGAT

JUDGEMENT

(1.) This application by three of the F.I.R. named accused of Darbhanga (Town) P.S. Case No. 168 of 2006 is for the quashing of the order dated 10.4.2007 passed therein by the Chief Judicial Magistrate, Darbhanga, whereby he has taken cognizance of offences under Sections 498(A), 363, 366(A), 376 and 380 I.P.C. and Sections 3/4 of the Dowry Prohibition Act only against the petitioners herein and has dropped the proceedings of the case against the remaining three accused by accepting the final form submitted against them by the police.

(2.) The aforesaid case was registered on the basis of a written report submitted by one Raj Kumar Bhagat, impleaded herein as O.P. No. 2, who stated that from amongst his two daughters and three sons, the marriage of his eldest daughter, Ranjana alias Guria, was solemnized with petitioner No. 2, Satish Kumar, on 6.7.2006 and at the time of the marriage ceremony itself bickerings over dowry demands had ensued. It is alleged that thereafter on 7.8.2006, Satish Kumar forcibly brought Ranjana from his home at Muzaffarpur to the informant's home at Darbhanga against the wishes of the informant and left her there. Thereafter, Satish off and on visited his sasural, but the other accused used to extend threats over the telephone that Ranjana would not be taken back unless the demand was fulfilled and Satish is alleged to have extended threats to the extent that if the demand was not met he would kidnap the informant's second daughter, Anju.

(3.) It is further alleged that on 18.10.2006, in the absence of the informant and his wife from the house, petitioner Nos. 1 and 2 along with three others arrived at their home at about 8 P.M. and took away cash worth Rs. 20,000/- ornaments worth Rs. 40,000/- clothes worth Rs. 25,000/- kept in two V.I.P. Cases, other articles and important documents and while departing forcibly took away his second daughter, Anju Kumari, aged 17 years, who had offered resistance, at the point of pistol and by gagging her mouth. The informant claims to have made attempts to rescue his daughter but without any success. He has expressed his apprehension that the accused may commit rape on her or forcibly marry her off or sell her to another or kill her.