H.C. Mishra, J. - (1.) Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the opposite party no.2.
(2.) Petitioners are aggrieved by the order dated 27.11.2012 passed by Sri P.K. Sharma, learned Judicial Magistrate, 1st Class, Bokaro, in G.R. Case No.1297 of 2011, whereby on the basis of the materials available in the case diary, cognizance has been taken against the petitioners for the offences under Sections 498A, 323, 379/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act.
(3.) The petitioners are the husband, mother-in-law, brothers-in-law and sisters-in-law of the informant. It is alleged that the informant was married to the petitioner Shamim Ahmed Khan at Bokaro on 17.10.2008. There is allegation of demand of car before the marriage also, but it is alleged that after the marriage, she was taken to her matrimonial home at Bhilai in the state of Chhatisgarh and she was subjected to cruelty and torture for demand of dowry. After 14 days of marriage, the husband went to Saudi Arebia for earing the livelihood. But there is allegation against the husband also of subjecting the informant to cruelty even during those fourteen days. In the FIR, there are specific allegations against all the named accused persons of subjecting the informant to cruelty and torture for demand of dowry and it is alleged that on the pressure of in-laws, the father of the informant arranged two lakhs rupees as part payment of the vehicle and for taking the said money, the brother-in-law and sister-in-law named in the FIR came to Bokaro and there also they subjected the informant to cruelty and torture even at her parents' place. Thereafter, again she was taken her back to matrimonial home and was subjected to the same fate for demand of more money on different counts. It also appears from the FIR that the matter was also reported to the police at Bhilai, but it is apparent that no police case was instituted in the State of Chhatisgarh. The husband of the informant returned back from Saudi Arbeia in the year 2011 and he again joined the other co-accused persons in subjecting the informant to cruelty and torture, until she was forced to leave the matrimonial home. With these allegations, the FIR was lodged at Bokaro Steel City, on the basis of which, Sector IV P.S. Case No.147 of 2011, corresponding to G.R. No.1297 of 2011 was instituted and investigation was taken up. It appears that after investigation, police submitted the charge-sheet against the petitioners and on the basis of the materials in the case diary, the cognizance has been taken against the petitioners by the impugned order.;