H.C.MISHRA, J. - (1.) BOTH these applications arise out of the same case and as such, they have been heard together and disposed of by this common order.
(2.) HEARD the learned counsel for the petitioners and learned counsel for the State, as also learned counsel for the complainant opposite party No.2. The petitioners in Cr. Revision No.776 of 2012 are the accused persons in Complaint Case No.451 of 2008 and they are aggrieved by the order dated 18.8.2012 passed by Sri Y. C. Verma, learned Judicial Magistrate, 1st class, Bermo at Tenughat, whereby, the application filed by the petitioners under Section 245 of the Cr.P.C for discharge, has been rejected by the Court below, whereas, Cr.M.P No.500 of 2009 has been filed by the petitioners challenging the order dated 22.1.2009 passed by Sri D. K. Mishra, learned Judicial Magistrate, 1st class, Bermo at Tenughat, whereby upon enquiry, finding the prima facie offence under Section 498 -A of the I.P.C., the process was directed to be issued against the petitioners.
(3.) THE complainant -opposite party No.2 filed the complaint case in the Court of the learned Additional Chief Judicial Magistrate, Bermo at Tenughat, stating that she was married to the petitioner Awadhesh Kumar on 27th June 2004 according to the Hindu rites, wherein, the cash and other articles were given to the in -laws. It is alleged that in the very first night, the husband started subjecting the complainant to cruelty and torture, alleging her to be ugly and it is also alleged that the other petitioners, who are the own brothers -in -law and sister -in -law (Gotni) of the complainant, also started subjecting her to cruelty and torture for the demand of dowry. Even after the birth of a child, the accused persons continued to subject the complainant to cruelty and torture for the demand of rupees ten lakhs in dowry and ultimately, it is alleged that on 19.11.2007, all the accused persons assaulted the complainant and thereafter, they forcibly brought the complainant on a vehicle to her parents' place and pushed her out of the vehicle and they went away. The complainant was badly injured in the occurrence. It is also alleged that the accused persons kept the ornaments of the complainant and they did not return the same. With these allegations, the complaint petition was filed against the accused persons. It may be stated that in the complaint petition, the place of occurrence has been described as the in -laws' place of the complainant in the district of Dhanbad, as also the parents' place of the complainant in the district of Bokaro, and accordingly, the complaint petition was filed in the Court of the ACJM, Bermo at Tenughat, within the district of Bokaro.;