Md. Nausad Khan @ Md. Naushad Khan vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 1411

JITENDRA KUMAR
Md. Nausad Khan @ Md. Naushad Khan – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioners: M/s Durgesh Nandan, Manish Prakash.
For the State : Mr. Upendra Kumar, APP.
For the O.P. No.2 : Mr. Shailesh Kumar Singh.

Jitendra Kumar, J. – The present petition, under Section 482 Cr. P.C. has been preferred against the order dated 04.12.2014, passed by Ld. Sub-Divisional Judicial Magistrate, Aurangabad in Complaint Case No. 02 of 2014/ Trial No. 2229 of 2014/C.I.S. No. 7281 of 2014, whereby cognizance has been taken for offence punishable under Sections 498(A), 379 and 504 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against all the accused persons including the petitioners. The petitioners have also prayed for any other relief(s), which may be deemed fit and proper in the facts and circumstances of the case.

2. The allegation, as per the complaint, is that the complainant, Nigar Naz (Respondent no.2 herein) was married with petitioner no.1, Md. Nausad Khan @ Md. Naushad Khan on 16.02.2012 as per Muslim rites and customs. There was demand of 2 lacs towards dowry at the time of marriage. However, marriage was somehow solemnized and thereafter, the complainant joined the matrimonial home of her husband. However, as per allegation, at matrimonial home, she was not treated like a bride on account of non-fulfillment of demand of dowry of 2 lacs and an Alto car. She was always t