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2023 Supreme(Pat) 107

RAJIV ROY
Dinesh Prasad Sinha – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s K.N. Chaubey, Sr. Adv., Gopal Swaroop Dubey.
For the State : Mr. Jitendera Kumar Singh, APP.
For the O.P. : Mr. Ravindra Kumar.

Rajiv Roy, J. – Heard Mr. K. N. Chaubey, learned Senior Counsel for the petitioners and Mr. Rabindra Kumar Singh for the opposite party no.2 as also Mr. Jitendra Kumar Singh, learned APP for the State.

2. The present petition has been preferred for quashing of the Complaint Case No. 2678 (C) of 2014 filed before the learned Chief Judicial Magistrate, Bhojpur at Ara under sections 12, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 (henceforth for short 'the 2005 Act').

3. As per the complaint, the opposite party no.2 Vandana Srivastava was married to Niraj Kumar Srivastava (petitioner no.3) on 12.6.2011. It has been alleged that at the time of 'Sindur Dan' itself, demand of a four wheeler or Rs. 5 lakh was made. As already Rs. 12 lakh was given and further ornaments worth of Rs. 2 lakh was also presented, her father was unable to pay the amount and when they again created the same situation at the time of 'Bidai', her father finally relented and assured that the amount will be given.

4. However, as her father failed to pay the amount, she was always tortured for dowry. In between, a female child was born on 25.4.2012 at Jalandhar where her husband was

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