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2015 Supreme(Pat) 956

GOPAL PRASAD
Avinash Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/S Bimal Kumar & Birendra Kumar, Advs.
For the Opposite Party : Mr. Nand Kumar (App)

JUDGMENT :

Heard the learned counsel for the petitioners and the State.

2. This is a petition for quashing the order, dated 03.11.2012, passed by the Sub-divisional Judicial Magistrate, Katihar, in Complaint Case No. 563 of 2009 by which the cognizance has been taken against the petitioner for offence under Sections 498A of the Penal Code and 4 of the Dowry Prohibition Act.

3. The prosecution case, as alleged in the complaint case filed by Smt. Archana Devi, opposite party no. 2, alleging therein is that she married with the petitioner on 02.05.2008, and after the marriage she remain in sasural for three months and during the period she lived well in sasural and, thereafter, she was taken to Delhi by her husband and there she was kept by her husband for a month. It is, further, alleged that in Delhi, the brother of the complainant also lived. Further, allegation is that her husband used to demand rupees two lakhs from her brother and her brother gave rupees one lakh to her husband. It is, further, stated that thereafter her husband left her at Purnia and then gone to Delhi alone. It is, further, alleged that her brother has, again, gave rupees fifty thousand to her husband. It is, fur











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