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2009 Supreme(Pat) 528

Kumar Dinkar Mohan – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s Pankaj Kumar Das, Madanjit Kumar.
For the State : Dr. Mayanand Jha.
For O.P. No.2 : None.

ORDER

1. The five FIR named accused of Darbhanga Sadar P.S. Case No. 126 of 2005 have filed this application for quashing of the order dated 8.6.2006 passed therein by the learned Chief Judicial Magistrate, Darbhanga, whereby he has taken cognizance for the offences under Sections 498A and 494/34 IPC.

2 It appears that one Nageshwar Paswan, impleaded herein as O.P. No.3 submitted a written report on 28.5.2005 alleging inter alia the commission of offences under Sections 498A, 384 and 494/34 IPC at the hands of accused during the period spread over a period between 7.6.2003 and 28.5.2005. According to the assertions made in the written report, his daughter Pushpalata Kumari was married to petitioner No. 1 Kumar Dinkar Mohan on 6.6.2003 and thereafter the accused persons started demanding a sum of rupees two lacs for repayment of the loan which they had taken for purchase of Marshal jeep and non-fulfillment of the demand resulted in Pushpalata being subjected to cruelty and torture. It is also alleged that a panchayati was arranged on 8.9.2003 wherein the husband of the victim girl and his father accepted their mistakes and promised to take back Pushpalata and keep her with all dignity








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