VISHNUDHARI RAVIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The summoning order passed in Complaint Case No.761 of 2019 under Ss. 420, 34 of the Indian Penal Code passed by learned J.M. 1st Class, Chatra, is under challenge in the instant criminal miscellaneous petition.

(2.) Complainant is brother of Late Babita Kumari who was married to petitioner no.2 on 3/7/2017 and she died during delivery of her child. It is alleged that she was not properly looked after, resulting in her death. After the death, Panchayati was held to return the dowry amount of Rs.1,10,000.00 that was given at the time of marriage and out of that only Rs.30,000.00 was returned and Rs.80,000.00was misappropriated by the petitioners.

(3.) It is submitted by learned counsel on behalf of petitioners that for unfortunate unnatural death of wife of petitioner no.2 at the time of delivery, false case has been filed to extort money from the petitioners. Originally the case was filed under Ss. 120B, 323, 341, 498A, 302, 504, 506, 420, 467, 468/34 of the Indian Penal Code. Part of complainant story has been falsified after enquiry and prima facie case has been found only under Sec. 420 of the Indian Penal Code.