BINOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these two applications, one filed by the husband and another filed by the parents and other relatives, petitioners have prayed for quashing the order dated 30 -6 -1998 passed in Complaint case No. 469(C)/98, by Judicial Magistrate, 1st Class, Patna, whereby he has taken cognizance under Section 304 -B read with Section 120 -B of the Indian Penal Code and issued warrant of arrest against the petitioners.

(2.) I have heard at length Mr. Ram Balak Mahto, learned Senior Counsel and Mr. Rana Pratap Singh, learned Sr. Counsel for the petitioners and Mr. Ganesh Prasad Singh, learned Senior Counsel appearing for the Opposite Party.

(3.) It appears that the daughter of the complainant was married with the petitioner Binod Kumar Singh on 26 -2 -94 and gave birth of a son the year 1996. She died of cancer on 28 -2 -1998. The Complainant's case is that since the very date of marriage, there had been illegal demand of dowry by the accused -persons. It is alleged that part of which was fulfilled and on non -fulfillment of other demand, the deceased was subjected to torture, the very date of marriage on account of which she develop several ailments including breast cancel and died.