- (1.) Heard learned counsel for the petitioners, learned counsel for the State, as also learned counsel for the informant opposite party No. 2.
(2.) The petitioners have challenged the order dated 29.07.2010 passed by Sri A. K. Dubey, learned Judicial Magistrate, 1st Class, Dhanbad, in G.R. No. 1054 of 2009, arising out of Dhanbad P.S. Case No. 268 of 2009, whereby the application filed by the petitioners for discharge has been rejected by the Court below, holding that though the offences under Sections 420, 384 of the Indian Penal Code are not made out against the petitioners, but there are sufficient materials against the accused petitioners for framing charge for the offence under Section 417 of the Indian Penal Code and directed the petitioners to remain physically present for framing of the charge on the next date.
(3.) The petitioners have been made accused in Dhanbad P.S. Case No. 268 of 2009, corresponding to G.R. No. 1054 of 2009, which was instituted on the basis of the written application given by the opposite party No.2, Rajni Kumar Ranjan, who is the son-in-law of the petitioners Nos. 1 and 2. In the F.I.R. it is alleged that the daughter of the petitioners No. 1 & 2 was married to the informant on 21.02.2009 and she was brought to the house of the informant on 22.02.2009. She kept sleeping upto 10:00 a.m. on the pretext that she was ill, whereupon the doctor was called, who checked her but found everything normal and told that she might have become weak due to undergoing rituals of the marriage. Some treatment was given to her and she suddenly woke up and started denying the marriage. The parents of the bride were called and it is alleged that it transpired that the bride was in love with someone else at Jamshedpur and suppressing this fact she was forcibly married to the informant under some intoxication. As it transpired that the marriage shall not subsist, all the gifts given to the informant and the bride were returned back and an agreement was entered into between the family members of the bride and the informant's side and it was agreed upon that an application would be filed for dissolution of the marriage with mutual consent, which was ultimately filed on 25.02.2009 in the Family Court, Dhanbad, being Matrimonial Case No. 59 of 2009. It is alleged that on 06.04.2009 when the said Matrimonial Case No. 59 of 2009 was fixed for final hearing, the family members of the bride restrained her from appearing in the case, demanding Rs.10,00,000/- (Rs. Ten Lakh), threatening to implicate the informant and his family members in criminal cases. With these allegations the F.I.R. was lodged by the informant Rajni Kumar Ranjan against his father-in-law, mother-in-law and all other in-laws, in all 11 (eleven) accused persons in number, which included the brother of the bride and his wife, unmarried younger sister of the bride, as also the elder sister and her husband and the nephews of the petitioner No. 1 & 2 and their wives, who were living separately.;