AMARESHWAR SAHAY, J. - (1.) HEARD .
(2.) THE petitioner has challenged the order taking cognizance for the offence under Section 420, IPC and Section 3 of the Dowry Prohibition Act read with Section 34 of the IPC. In short the facts are that the opposite party No. 2 Ram Kumar Singh has filed a complaint petition in the Court of Chief Judicial Magistrate, Dhanbad alleging therein that he was looking for a boy for the marriage of his daughter and in that course, he along with the witnesses and family members went to see the son of Sheo Prasad Singh (petitioner No. 3). Sheo Prasad Singh came to Jharia along with his relatives and accepted the proposal of marriage of his son Bikash Singh @ Bikash Kumar Singh, but he demanded the huge amount for the marriage. However, after negotiations the complainant accepted the demand of the accused persons of Rs. 1,00,000/ - for the expenses of marriage, watch, gold chain, ring, clothes V.I.P. bags, ornaments etc. and accordingly a sum of Rs. 95,000/ - was paid in two installments.
(3.) AFTER engagement, the date of marriage was fixed in the month of April, but later on it was changed to 6.5.2006. It is further alleged that accordingly the complainant went to Bokaro for urgent meeting on 17.3.2006 and there, it is said that all the accused persons put forward further demand of dowry by way of Hero Honda motorcycle, Freeze, Colour television and Rs. 90,000/ - cash, but the complainant showed his inability to fulfil the said demand of dowry and requested the accused persons to perform the marriage peacefully but all the accused persons refused to perform the marriage on the date and time fixed and stated that until and unless the demand of dowry is fulfilled, the marriage would not be solemnized. They did not pay any heed to the request of the complainant and ultimately the proposal of marriage of the complainant's daughter with the son of the petitioner No. 3 did not matrimonies. Thereafter the complainant went to the police, but he was advised to lodge the complaint in Court. In this way the complainant alleged that the accused persons committed the offence of cheating and fraud on him and also under the Dowry Prohibition Act.;