Ananda Sen J. - (1.) In this petition, the petitioners have prayed for setting aside the order dated 27.9.2014 passed by the learned Xth Additional Sessions Judge, Hazaribagh in ST No. 496 of 2010, arising out of Sadar P.S. Case No. 426/2010 (G.R. No. 1790/2010), whereby and where under, the summons have been issued to the petitioners under section 319 Cr. P.C. to face the trial for the offence under Section 304-B IPC.
(2.) Hazaribagh Sadar P.S. Case No. 426 of 2010 has been lodged by one Wakil Prasad Mahto against the eight accused persons alleging therein that they have committed the offence under Section 304-B/34 IPC. It has further been alleged that the daughter of the informant, namely, Seema Devi, was married with Raju Mehta son of Sahdeo Mehta two years prior to the date of occurrence. It has been alleged that at the time of marriage, several articles and materials were given as dowry. The in-laws started torturing Seema Devi and demanded Rs. 50,000/- and a motorcycle. The informant tried to pacify the dispute ,but in vain. It is alleged that on 5.6.2010 , the daughter of the informant was killed by the named accused persons. The FIR was against Raju Mehta-husband, Sahdeo Mehta-Father-in-law, Koushila Devi-mother-in-law, Mahesh Mehta - elder brother-in-law, Sheela Devielder - sister-in-law, Ajay Mehta- 2nd brother-in-law, Sarita Devi-2nd Sister-in-law and Anita Devi - married sister-in-law. The police took up the investigation and filed charge sheet only against Raju Mehta and Koushila Devi and did not sent up six accused persons for trial. The case was committed to the court of sessions and thereafter trial commenced. Fifteen witnesses were examined during trial. During the trial, it is alleged that the witnesses deposed against the accused who were not sent up for trial and the materials have been brought on record to proceed against non-charge-sheeted accused persons thus, a petition under Section 319 Cr. P.C. was filed to proceed against the petitioners, namely, Sahdeo Mehta, Mahesh Mehta @ Mahesh Prasad, Sarita Devi @ Bijul Devi, Ajay Mehta @ Ajay Prasad, Sheela Devi and Anita Devi.
(3.) The trial court vide order dated 27.9.2014 held that there are sufficient materials to summon these six persons (petitioners herein) in terms of Section 319 Cr. P.C. The order dated 27.9.2014 is under challenge.;