ASHWINI KUMAR MAHTO Vs. THE STATE OF JHARKHAND & ANR.
LAWS(JHAR)-2015-11-117
HIGH COURT OF JHARKHAND
Decided on November 23,2015

Ashwini Kumar Mahto Appellant
VERSUS
The State of Jharkhand And Anr. Respondents

JUDGEMENT

Ravi Nath Verma,J. - (1.) The petitioner has questioned the legality of the order dated 07.01.2015 passed by the learned Judicial Magistrate, 1st Class, Bokaro in G.R. Case no. 808 of 2013 arising out of Chandankiary (Barmasia) P.S. Case No. 54 of 2013 instituted under Section 498-A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act whereby and where under the petition filed by the petitioner for his discharge under Section 245 of the Code of Criminal Procedure (in short 'the Code') has been rejected.
(2.) The factual aspect of the case, which is necessary for the proper adjudication of the issue involved in this case, is as follows: At the instance of the informant Rita Mahto, the aforesaid case was instituted on the basis of a written complaint filed by her with the allegation that the marriage of the informant was solemnised with Parwati Charan Mahto @ Bapi, the son of the present petitioner, in the year 2006 in which her father had given sufficient dowry by way of cash, motorcycle, golden chain and other articles but after the birth of a female child, her husband started demanding Rs. 50,000/- for purchasing computer otherwise threatened to solemnize second marriage and due to non-fulfilment of their demand of dowry, she was subjected to physical and mental torture at the hands of her husband, father-in-law and mother-in-law.
(3.) After completion of the investigation, the police submitted the charge sheet where after the court concerned took cognisance of offence. The petitioner filed a petition for his discharge under Section 245 of the Code, but the same was rejected by the order impugned holding sufficient prima facie materials available on record against the petitioner for framing of charge.;


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