VISHWAJIT MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by the order dated 11.10.2012 passed by the learned S.D.J.M., Bermo at Tenughat, in Petarwar P.S. Case No. 73 of 2010 corresponding to G.R. No. 756 of 2010 whereby, the application filed by the petitioners for discharge, has been rejected by the Court below.

(2.) It may be stated that the petitioner had earlier filed Cr. Revision No. 56 of 2012 for the similar relief, in which, this Court had found that the order dated 16.12.2011 passed by the Court below rejecting the application of the petitioners for discharge, was a non-speaking order and, accordingly, the said order was set aside by this Court by order dated 14.9.2012 and the Court below was directed to pass the order afresh discussing the materials available in the case diary against the petitioners. Pursuant thereto, the present impugned order has been passed by the Court below again dismissing the application of the petitioners by a speaking order.

(3.) The petitioners have been made accused in Petarbar/Tenughat P.S. Case 73 of 2010 corresponding to G.R. Case No. 756 of 2010 for the offence under Section 498A of the Indian Penal Code and 3 /4 of the Dowry Prohibition Act. Petitioners are the husband, father-in-law and mother-in-law of the victim lady and there is allegation against the petitioners to have subjected the victim to cruelty and torture for demand of dowry. It is alleged by the victim that she was even being assaulted by the accused persons at her in-laws' place at Dhanbad where she had gone on 2.12.2009 after her marriage. The torture and cruelty upon the victim continued and ultimately on 27.2.2010 the husband of the victim brought her to Bokaro at her sister's place and thereafter, she went to her father's place at Tenughat on 28.2.2010. The steps of compromise were taken between the parties and she was brought to her in-laws place in the district of Dhanbad and again she was subjected to cruelty and torture and assaulted by the accused persons. It is also alleged that even the help of the Women Helpline at Dhanbad was taken and the petitioner-husband assured to keep his wife properly, but even thereafter there was no change in the behavior of the accused persons and it is also stated that her husband had also assaulted the informant at her parents' place at Tenughat also. There were again talks of compromise on 6.5.2010, thereafter, the husband of the victim brought her to in-laws' place at Dhanbad, but again the cruelty and torture upon the informant continued by the accused persons and ultimately, the F.I.R. was lodged by the informant before the police at Tenughat, on the basis of which the police case was instituted against the petitioners.