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2013 Supreme(Pat) 1174

BIRENDRA PRASAD VERMA
Sanjula Mishra – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Durganand Jha.
For the State of Bihar : Mr. Umanath Mishra.
For the Opp. Party No. 2 : M/s Shabbir Ahmad, Md. Fazhimuddin.

ORDER

Heard.

2. The petitioners are aggrieved by the order dated 05.04.2013 passed in Complaint Case No. 1254 (C) of 2008 by the learned S.D.J.M., Danapur, whereby the petition filed on behalf of the accused petitioners under Section 245 Cr. P.C. for their discharge has been rejected.

3. Admittedly, the petitioner no.1 and 2 happen to be mother-in-law and father-in-law respectively of the complainant -Opposite Party No.2. The petitioner No.3 happens to be the husband of the complainant –Opposite Party no.2. In the petition of complaint vide Annexure-1 filed by the opposite Party no. 2, there is allegation of demand of dowry of Rs. Five lacs in cash and a car, and on account of non-fulfillment of aforesaid demand, there is specific allegation of torture and cruelty against the petitioners, committed against the complainant- Opposite Party no.2. During the course of enquiry under Section 202 Cr. P. C., witnesses were examined on behalf of the complainant and they supported the prosecution case, as a result therefore, by an order dated 17.07.2009 passed by the learned S.D.J.M., Danapur, cognizance was taken under Section 498A of the Indian Penal Code and summons was issued to the accused









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