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2012 Supreme(Pat) 1432

SHIVAJI PANDEY
Shiv Jee Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Dr. Kamal Deo Sharma.
For the Opp. Party No. 2 : Mr. Vikas Kumar.
For the State : Mr. Dinesh Singh.

ORDER

Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for opposite party no.2.

2. This application has been filed for quashing the order dated 10.3.2011 passed in Complaint Case no.1247© of 2010, Tr. No. 1589 of 2011 by the Sub Divisional Judicial Magistrate, Buxar by which he has taken cognizance against the petitioners under sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act but separately cognizance has been taken against accused-petitioner no.1, Shivjee Rai, under section 494 of the Indian Penal Code.

3. From the complaint petition it appears, the marriage of opposite party no.2 was solemnized with petitioner no.1, Shivjee Rai, on 21.2.1990 according to Hindu rites and allegation has been made, when she came to the husband’s place at the earlier stage, for two years her husband kept her with full dignity and honour but later on the husband, petitioner no.1 got employment in C.R.P.F., thereafter all the accused persons started demanding Rs.1,00,000/- and a motor-cycle and in case of failure threatened for another marriage of her husband. It has further been alleged that all the accused persons were threat












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