MUNTAHANA PARWEEN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed for quashing the order dated 18.02.2014 passed by the learned Chief Judicial Magistrate, Katihar, in a complaint case being C.A. No. 42 of 2014 by which the learned Magistrate has dismissed the complaint case under Sec. 203 of the Code of Criminal Procedure, after due enquiry of the complainant and recording the statement of the complainant on solemn affirmation under Sec. 202 Cr. P.C. and recording the statement of the witnesses.

(3.) The prosecution case as alleged in the complaint petition that the complainant was married with one Md. Mukhtar. After marriage, he went to Rajasthan but did not return. In the meantime, she remain stayed with the father-in-law and mother-inlaw. It is further alleged that the accused Md. Ainul (O.P. No. 2) disclosed that in pretext that the husband of the victim send him to bring the victim with the permission of her mother-in-law he took the victim from Rajasthan to Assam. It is alleged that she was confined and raped by Md. Ainul. One day she heard that they were planning to sale out her to others but after request to neighbours informed her maternal grand-father and her matter grand father and three other persons rescued her from the hell and she went to sasural where her husband disclosed that he divorced her earlier an did not permit to live in his house.