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CHANDRA SHEKHAR JHA
Neha Kumari – Appellant
Versus
State of Bihar – Respondent
Headnote: Read headnote
Chandra Shekhar Jha, J. – Heard Learned counsel for the petitioners and learned A.P.P. for the State.
2. This application has been filed to quash the order dated 11.02.2016 passed by learned Judicial Magistrate - 1st Class, Barh (Patna) in connection with Mokama P.S. Case No. 35 of 2015/G.R. No. 374 of 2015, whereby and whereunder cognizance has been taken against the petitioners for the offences under Sections 498-A, 323 and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. The brief facts of the case is that the informant has alleged that she was a resident of Parbatta in the District of Khagariya and her marriage was solemnized on 6th July 2014 with one Sumit Sakarityayan and after four days she returned back to her maika with her father. She further alleged that her father, at the time of Durga Puja, requested her in-laws for her ‘Duragman’ but they were adamant to take Rs.5 lacs in cash for her ‘Bidai’. The father of informant although, requested that now he is not in a position to pay any further demand, as he had already paid as per his capacity, but her in-laws flatly refused his r
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The court emphasizes the need for specific allegations against individual family members in dowry-related cases to prevent misuse of the law, reaffirming a standard for cognizance in matrimonial disp....
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