MAHANAND JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision is directed against the order impugned dated 27.1.2009 passed by the Sub Divisional Judicial Magistrate, Godda in T.R. No. 73 of 2009 by which the petition filed under Section 239 of the Code of Criminal Procedure on behalf of the petitioners for their discharge was rejected.

(2.) Petitioner Nos. 1 to 7 referred to hereinbefore had earlier preferred Cr. Rev. No. 485 of 2005 against the order dated 16.5.2005 by which their common petition for discharge under Section 239 of the Code of Criminal Procedure was allowed by this Court in Cr. Revision No. 485 of 2005 on 11.6.2008. The impugned order dated 16.5.2005 was set aside with the direction to the Sub Divisional Judicial Magistrate, Godda to pass an order afresh upon hearing the parties and application of judicial mind in accordance with law. Pursuant to such direction the petitioners moved their discharge petition afresh which was dismissed impugned herein.

(3.) The factual matrix of the case as it stood, narrated by the O.P. No. 2 Smt. Virata Jha in her written report presented before the Godda police was that she was married to Rajiv Kumar Jha son of the petitioner Nos. 1 & 2 on 11.7.1997 according to their customary Hindu rituals and after marriage she went to her matrimonial home at village Panjwara she alleged that there she was terrorized and threatened to bring Rs. 1,50,000/-from her parental home as she had carried nothing on the eve of her marriage, lest her life would be made miserable. Her husband was not there who was posted as lecturer at Mahila College, Godda. She further alleged that when she conceived during her stay at matrimonial home, her in-laws put pressure for abortion. She informed her father who was posted at Biharsharif in the Electricity Board, who came and took her to Godda where a male child was born to her. After constant persuasion her husband took her away to Panjwara in the month of May, 2002 where she was again threatened various ways and finally She was taken to Godda against her will with the child in the month of October where she was threatened that she would be accepted only when she would carry Rs. 1.5 lakhs, lest she would be eliminated. In the month of December, 2002 it was alleged that the petitioners came to Godda in absence of her father, abused in various manner and tlireatened her mother to allow the informant to go to her matrimonial home with Rs. 1.5 lakhs otherwise she and her son both would be killed. On presentation of her written report, Godda P.S. Case No. 184 of 2003 was registered on 6.7.2003 for the offence under Section 498A of the Indian Penal Code against all the petitioners except the petitioner No 8 Rajeev Kumar Jha who was her husband. The police after investigation submitted charge-sheet against all the petitioners under Sections 498A/379 of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act.