- (1.) As per the case of the petitioner, Sangita Jha, daughter of the petitioner No. 1 got married to opposite party No. 2, Rajesh Jha in the year 2003. Soon after the marriage, when Sangita Jha came to her in-laws' place, her husband (opposite party No. 2) and other family members started subjecting her to torture. It persisted for quite a long time. Ultimately, she informed her father and mother (petitioner Nos. 1 and 2) all about it through a letter. Petitioner no.1 came to his daughter's place and asked for Bedai but the husband of his daughter and other family members did not allow her to go with her father. Thereafter members of the in-laws' family started treating her more cruelly and therefore, an Informatory Petition was filed before the Sub-Divisional Officer, Chas, Bokaro on 4.10.2006. Apart from that, higher police officials were also informed and only with the help of police officials, petitioners No. 1 and 2 could succeed to take the daughter from her in-laws' place to their place. After some days, opposite party no.2 along with some others came to the place of petitioner No. 1 and assaulted petitioners 1 and 2, when they put resistance to opposite party No. 2 in taking away a minor boy. On 17.11.2006, Sangita Jha filed a complaint case, bearing Complaint' Case No. 548 of 2006 against opposite party No. 2 as well as other members of her in-laws' family under Section 498A of the Indian Penal Code. After some days, a case of maintenance was also filed. In course of enquiry of the said complaint, petitioner Nos. 5 and 6, were also examined and therefore, they were threatened by opposite party no.2 for serious consequences for which, a Sanha was lodged but before that, cognizance of the offence under Section 498A of the Indian Penal Code had been taken on 12.4.2007 against opposite party No. 2 and other members.
(2.) Further case is that being annoyed with the said order taking cognizance and also with the fact that the maintenance case has been filed, opposite party No. 2 lodged a complaint case, bearing CP. No. 613 of 2007 under Sections 341, 323, 324,379, 506/34 of the Indian Penal Code on the allegations which are totally false that on 15.4.2007, while the opposite party No. 2 was sitting along with his other friends, petitioners came to his house and by abusing opposite party No. 2, petitioners No. 1 told to opposite party No. 2 as to to why he has not been staying at Bokaro with her daughter but when the opposite party No. 2 replied that she can stay very well with him, the petitioners No. 1 to 3 being father-in-law, mother-in-law and brother-in-law and also petitioners No. 4 to 6 examined as witnesses in a complaint case by abusing assaulted him with iron rod and stick and then petitioners 1 and 2 took away one bag containing jewellary and similarly, petitioners No. 3, 4 and 5 also took away jewellary from the room of the mother of opposite party No. 2 and when opposite party No. 2 intervened, he was also assaulted.
(3.) After holding enquiry, the cognizance of the offences was taken by the Judicial Magistrate, Dhanbad, against the petitioners vide its order 22.9.2007. The said order is under challenge before this Court.;