KUMAR NIHAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the O.P. No.2. The petitioner is apprehending his arrest in connection with the case registered under Sections 376, 323, 504, 506, 498A, 120B of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

(2.) The case of the prosecution is that the prosecutrix has claimed herself to be the wife of the petitioner and it is the allegation that the petitioner established physical relationship with the informant on the promise of marriage on 03.11.2013, thereafter she became pregnant then she was brought to the matrimonial house wherein she was accepted as bride of the petitioner by in-laws, but latter on co-accused persons insisted the informant to give birth to the child by going anywhere else as their marriage was socially recognized therefore she went to Madras and got herself admitted in Law College with the help of her parents but she concealed about her pregnancy from her parents and on 30.11.2014, she gave birth to a female child in the hostel and the information was given to the inlaws but they did not come and refused to accept the girl child, thereafter the father of the informant arrived there and child was given to one couple thereafter she arrived Deoghar, but later on she went to Haldiya in order to look suitable job for her wherein it is further alleged that the petitioner remained with her at Chiranjivipur at Haldiya and performed marriage in the month of October, 2014 at Dakshneshwar Kali Temple and she was removed to Deoghar at her matrimonial house and resided with the petitioner and in-laws in her matrimonial house but the petitioner and the in-laws tortured her to bring dowry as well as giving birth to a girl child and her mobile phone was also snatched, hence this case has been lodged.

(3.) On 02.03.2017 notices were issued to the O.P. No.2 and both the parties have appeared on 09.08.2017 and with consent of the parties the matter was referred to the Member Secretary, JHALSA for conciliation. It appears that despite best efforts made by learned Mediator the mediation has been failed.