KUMAR GAURAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Aditya Narayan Singh-I, Advocate, for the petitioner and Mr. Anjani Kumar, learned Additional Advocate General No.4, for the State.

(2.) Petitioner is accused in connection with Jehanabad Mahila P.S. Case No.13 of 2013, corresponding to Sessions Trial No.56 of 2016. The petitioner has challenged, in this application under Section 482 Cr.P.C., order dated 15.11.2017 passed in the aforesaid Sessions Trial whereby learned trial Judge has refused to discharge the petitioner under Section 227 Cr.P.C. It is worth to mention that cognizance has been taken against the petitioner and others for offences under Sections 304B and 120B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act by order dated 08.02.2013 and the order of cognizance has attained finality.

(3.) According to FIR, the petitioner is husband of the victim Mamta Kumari. Mother of Mamta Kumari initially filed Complaint Case No.482 of 2012 in the Court of learned Chief Judicial Magistrate, Jehanabad, which was registered as an FIR on the order of the Magistrate passed under Section 156(3) Cr.P.C. According to complaint petition the victim was married with this petitioner on 11th March, 2011 in the village of complainant, namely, Lakhawar, P.S. Ghoshi, Distt- Jehanabad. After marriage the victim went to her matrimonial house in village Karhari Mathiya P.S. Parasbigha, District- Jehanabad. Allegation is that the petitioner and father of the petitioner were insisting for four lacs as further dowry. The husband of the informant as well as the informant tried to pacify them pleading that they have already taken loan at the time of marriage. Hence, they would consider in future about the demand. However, the accused persons continued torturing the victim mentally and physically. The victim used to inform her parent including the complainant on mobile talk. It is stated that the petitioner was posted in the Air-force at Pathankot and he took the deceased to Pathankot. At Pathankot also the torture continued resulting in aggravated tension to the deceased which was complained by the deceased to her family members. On 12th April, 2012 the petitioner asked on phone to Mritunjay Kumar son of the informant, who was working at Bhubneshwar in Orissa, to come to Pathankot as the victim was seriously ill. When Mritunjay reached there he found dead body of the victim and the people along with the petitioner, 20-25 in number pressurized to Mritunjay Kumar to sign on papers and thereafter the dead body was cremated.