Jaya Roy, J. - (1.) HEARD counsel appearing for the petitioners and counsel appearing for the State. Petitioners are apprehending their arrest in connection with the case registered under Sections 498A/304B/34 of the Indian Penal Code in connection with Dhurwa P.S. Case No. 190 of 2011 corresponding to G.R. No. 4962 of 2011 pending in the Court of Shri S.A. Prasad, Judicial Magistrate.
(2.) RANCHI Prosecution case in brief is that fardbeyan of one Chunia Orain has been recorded by S.I. Keshav Prasad of Dhurwa Police Station on 05.10.2011 at Sittio Nayatoli, P.S. Dhurwa, Distt. -Ranchi at 7.00 p.m. wherein she has stated that her daughter Pushpa Beck @ Pushpa Orain was married with Somra Oraon (son of the petitioner nos. 1 & 2) on 01.04.2011 in a temple and thereafter she was taken to her matrimonial house, thereafter, she had always been subject to torture by her in -laws and the husband for demand of dowry regarding which she always used to tell the informant and the informant complained to the petitioners and also to her son -in -law but they did not listen to her and continued to assault her daughter. After some time, when her daughter was pregnant, she was informed by 'Gotni' of her daughter that her daughter has consumed poison. On this information, when the informant went to her daughter's house she found that her daughter is lying dead. It is further alleged by the informant that her daughter was assaulted by the petitioners and her other in -laws and her husband even when she was pregnant, she might have committed suicide for their torture and cruelty. Counsel appearing for the petitioners has submitted that the petitioners belong to 'Adivasi' community and according to their custom, there is no system of dowry, therefore, there is no question of demanding any dowry from victim lady or from her family members. It is also Submitted that then is no specific allegation against any of the petitioners. It is also submitted by the counsel of the petitioners that mere cruelty and harassment was not sufficient to attract Section 304B of the Indian Penal Code rather it is necessary to establish that harassment and cruelty is in connection of any demand of dowry. It is also submitted that Court has to see to prove the offence that cruelty and the harassment committed soon before her death. It is also submitted that the allegation of torture and cruelty and demand of dowry are absolutely false and concocted. It is only to harass the petitioners and his family members. To support his contentions, counsel for the petitioners has cited a decision of Apex Court i.e. : AIR 2004 SC 1714 in the case of Baljeet Singh & Anr. Vs. State of Haryana and, 2007 (2) East Cr C 241 (SC) in the case of Biswajit Halder @ Babu Halder & Ors. Vs. State of West Bengal.
(3.) COUNSEL appearing for the State has submitted that there is specific allegation against the petitioners who are mother -in -law and father -in -law of the victim lady regarding torture and demand of dowry. It is farther stated that not only in the F.I.R. but in her re -statement during investigation, the informant consistently stated that the husband of her daughter and the present petitioners used to harass and torture her daughter for non fulfillment of demand of dowry. He has also submitted that during investigation, witnesses including the independent witnesses have supported the allegations made in the F.I.R. They have stated that the victim lady was cruelly treated even when she was pregnant and though she was not keeping good health but never she was provided with proper medical treatment.;