H.C.MISHRA, J. - (1.) HEARD learned counsel for the petitioners, learned counsel for the State, as also learned counsel for the complainant -opposite party No. 2.
(2.) THE petitioners are aggrieved by the order dated 11.10.2012 passed by the learned Sessions Judge, Garhwa, in Sessions Trial No. 181 of 2010, whereby the application filed by the petitioners for discharge under section 227 of the Cr.P.C., has been rejected by the Court below. The petitioners along with other co -accused persons have been made accused in Garhwa P.S. Case No. 126 of 2008, corresponding to G.R. No. 582 of 2008 for the offences under sections 498A, 323, 385, 387, 307, 504, 316 and 494 of the Indian Penal Code. The petitioners are the uncle -in -law and aunt -in -law of the victim lady and they have been made accused in the case along with the husband, father -in -law and other near relatives of the husband of the victim. The F.I.R. was lodged on the basis of the complaint filed by the victim alleging atrocities against her by the husband and the in -laws, including the petitioners, for the demand of dowry.
(3.) FROM the complaint petition, on the basis of which the police case was instituted, it is apparent that the complaint was married to the co -accused, Gopal Krishna, a resident of village - Jawar, P.S. - Dudhi, District - Sonbhadra, in the State of Uttar Pradesh. After the marriage she came to her matrimonial home and there is allegation against the husband and the in -laws, including the petitioners, to have subjected her to cruelty and torture for demand of dowry and also to have assaulted her and caused the miscarriage of her pregnancy at the matrimonial home in the State of Uttar Pradesh. Thereafter she was brought to her parents' place in the district of Garhwa, in the State of Jharkhand, where she is living since 12.6.2007. It is again alleged that on 4.5.2008 all the male accused persons came to her parents' place and got the signature of the complainant and her father on several papers threatening them on the point of revolver. With these allegations the complaint was filed in the Court of Chief Judicial Magistrate, Garhwa, which was registered as Complaint Case No. 353 of 2008, and was sent for institution of the police case, whereupon the police case was instituted and the investigation was taken up.;