- (1.) Challenge in this application filed by petitioners is to the order of cognizance dated 18.12.2004 passed by the Sub-Divisional Judicial Magistrate, Dhanbad in Complaint Case No. 1253 of 2004 for the offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and to the continuance of the criminal proceedings against the petitioners following the impugned order of cognizance and initiated on the basis of a complaint filed by the Opposite Party No. 2. The main ground on which the impugned order has been assailed is that the learned court below has no jurisdiction to try the case even on the basis of the allegations in the entire complaint petition.
(2.) Heard counsel for the petitioner, counsel for the Opposite Party No. 2 as also counsel for the State.
(3.) The case of the complainant/Opposite Party No. 2 is that her marriage with the petitioner No. 1 Dhananjay Singh, was solemnized on 11.07.2000 in accordance with Hindu rites and customs at her father's residence at Dhanbad. Earlier, at the time of engagement ceremony, a negotiation was held regarding the payment of dowry and the amount was settled at Rs. 3 lakhs and was paid by her father to the accused persons. Upon insistence of the petitioner No. 2 namely the father-in-law, the complainant's father gave a post dated cheque for a further sum of Rs. 1.5 lakhs for purchasing a motorcycle and other household articles. The amount of cheque was encashed by the brother-in-law of the complainant namely the petitioner No. 5. After her marriage, she was taken to her matrimonial house at Anandpuri, West Boring Canal Road, P.S.-Sri Krishna Puri, District - Patna (Bihar) where the marriage was consummated. It is alleged that within a fortnight after she had gone to her matrimonial house, demand for more dowry began to be made by the husband and in-laws and in order to pressurize her to meet their demands, the accused persons began subjecting her to ill treatment and mental and physical cruelty. Notwithstanding the alleged hostile behaviour, she had conceived and while she was in her family way, her husband brought her and left her at her father's house at Dhanbad on 28.11.2000. Five months later she delivered a baby boy on 14.04.2001, at her father's house, but even after receiving the information regarding the birth of the baby, neither the husband nor any member of her matrimonial house visited her to see the baby. Ultimately, she returned to her matrimonial house along with her child on 25.06.2001. Her hope of restoration of peaceful conjugal relations was however, belied. The accused persons continued in their hostile behaviour against her subjecting her to mental and physical cruelty in their house. Finally the accused persons allowed her to leave her matrimonial house and go with her brother who had come from Dhanbad, but only after retaining all her personal belongings and her eight months old child. Thus, ever since she came back to her parents house at Dhanbad on 03.12.2001, she was never taken back to her matrimonial house by her husband and in-laws. On the contrary, her husband filed a writ application in the Patna High Court vide Cr.W.J.C. No. 16 of 2002 on 02.01.2002 praying for custody of his wife on the ground that her brothers have illegally detained her. She too had filed a writ application in the Patna High Court vide Cr.W.J.C. No. 122 of 2002 on 13.02.2002 seeking custody of her child. Pursuant to the directions of the Patna High Court, the custody of the child was delivered to her on 15.07.2002. During her brief period of stay at her matrimonial house, she had again conceived but on account of her ill health, she had delivered a dead child at the Dhanbad Hospital on 31.03.2002.;