AMIT ANAND Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) This Criminal Revision is directed against the order dtd. 14/3/2024 passed by the learned Additional Sessions Judge II, Pakur in Misc. Criminal Application No. 05 of 2024 in connection with Pakur(T) P.S. Case No. 504 of 2015 lodged under Sec. 498(A), 307, 34 of the Indian Penal Code and subsequently charge sheet submitted and cognizance taken under Sec. 498(A), 307, 504, 506, 34 of IPC and 3/4 of Dowry Prohibition Act, consequent G.R. No. 1161 of 2015, corresponding Session Trial Case No. 16 of 2020, wherein the learned Court below has rejected the application for discharge from Sec. 307/34 of the Indian Penal Code that was preferred by the petitioner, presently pending in the Court of learned Additional Sessions Judge-II, Pakur.

(3.) The case of prosecution is based on the typed information of one Preeti Bhagat against four persons including the petitioner who is the husband of the Preeti Bhagat, with an allegation that her marriage was solemnized with the petitioner on 6/5/2011 at Purnia where she started to live with her husband. It has been stated that about Rs.7,50,000.00 was given by the father of informant to father-in-law Jay Prakash Bhagat as expenses of marriage and spent Rs.3,00,000.00 by the father of informant as a gift in Tilak which includes household articles and ornaments and after few months of their marriage, informant lead a happy conjugal life but thereafter accused persons started torture upon her and on abetment of her in-laws the petitioner used to assault her in spite of the fact that she was pregnant, and thereafter, she was blessed with a baby. It is further alleged that the family members of her in-laws started demanding Rs.10,00,000.00 as dowry and also gave threat to face dire consequences. It is further alleged that the informant narrated the same to her father, and thereafter, upon the interference and request made by her father she remained peacefully at her in-laws house for about 10 to 15 days. It is further alleged that again her in-laws started assaulting her due to which she sustained injuries on her eyes and nose. It is further alleged that on 17/4/2015 accused persons assaulted her as a result of which she sustained injuries on upper portion of her eyes and she was taken to doctor for treatment, medical report of which has been annexed with the FIR. It is further alleged that on 17/6/2015, while the informant was sleeping in her room then her husband tried to press her neck but she somehow managed to escape and informed about the incident to her father, upon which her father came at her matrimonial home and brought back the informant with him on 18/6/2015 to Pakur, thereafter on 13/10/2015 the petitioner came at Pakur and started assaulting her and when her parents and relatives came he started abusing them and stated that unless demand of Rs.10,00,000.00 is not met, he would not keep informant with him, thereafter, he went back to Purnia. Thereafter, again the petitioner came to Pakur and started to abuse the family members of the informant. On apprehension, Pakur(Town) P.S Case No. 504 of 2015 dtd. 28/12/2015 under Sec. 498A, 307/34 of IPC was registered.