Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23723 of 2008 ===================================================== 1. Md. Sultan, son of Late Soyab Ali. 2. Bibi Saripan, wife of Md. Sultan. 3. Matibur Rahman, son of Md. Sultan. 4. Sitabul, son of Md. Sultan. 5. Jiyaur Rehman, son of Md. Sultan. All resident of village-Baijnathpur-Simaria, P.S. Korha, District- Katihar. .... .... Petitioners. Versus 1. The State of Bihar. 2. Bibi Masida Khatoon, daughter of Daud Ali, Residing at village-Imlitola, P.S. Manshahi, District-Katihar. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners: M/s. P.K. Jaipuriyar and Anshuman Jaipuriyar, Advocates. For the State : Mr. Bipin Kumar, A.P.P. For the O.P. No.2 : Mr. Binod Kumar, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER ---------------- 6 5-03-2012 The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 7.12.2007 passed in C.A. No.1880 of 2007 by the Sub Divisional Judicial Magistrate, Katihar, summoning the accused- petitioners, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] and Section 4 of the Dowry Prohibition Act. A prayer has also been made to quash the entire criminal proceedings arising out of the aforesaid complaint case. 2. In brief, the case is that the opposite party no.2, Bibi Patna High Court Cr.Misc. No.23723 of 2008 (6) dt.05-03-2012 2 / 6 2 Masida Khatoon, filed the C.A. No.1880 of 2007 in the court of the Chief Judicial Magistrate, Katihar, against the accused- petitioners alleging therein that her marriage was performed on 26.2.2007 with the accused-petitioner no.5, Jiyaur Rehman, according to Muslim customs and, thereafter, she was taken in Bidai to her Sasural, Baidyanathpur- Simaria. At the time of her marriage, her father had given the cash alongwith households and other articles. She led her conjugal life about two months properly after the marriage and, thereafter, vomiting was started to her. Her mother-in-law, accused-petitioner no.2, Bibi Saripan, told to her father-in-law, accused-petitioner no.1, Md. Sultan and her husband, accused-petitioner no.5, Jiyaur Rehman, that she is pregnant and her pregnancy is of her Maika. Thereafter, she was being tortured and assaulted. She was asked by the accused- petitioners to ask her father to give cash of Rs.50,000/- and a milky she-buffalo, otherwise she will be driven out from her sasural house. Her mother-in-law, accused-petitioner no.2 asked her to go for check up to know about pregnancy and told that if the pregnancy will be found since before the marriage, then she will be killed. Thereafter, she was taken by the accused-petitioners to Katihar for check up but the report was not shown to her father and all the accused-petitioners started to say that the pregnancy is Patna High Court Cr.Misc. No.23723 of 2008 (6) dt.05-03-2012 3 / 6 3 of since before the marriage and she was being tortured and assaulted through various modes by them. Thereafter, she informed to her father regarding the aforesaid incidents. On receiving the message, her father sent to her uncle, Jakaria, to her sasural and she narrated about her ill treatment and making demand of cash of Rs.50,000/- and a milky she-buffalo by the accused-petitioners to him. Her uncle asked her in-laws for her Bidai but she was not sent in Bidai by the accused-petitioners saying to send her father and others. Thereafter, her father alongwith some villagers came to her sasural on 14.6.2007 and arranged panchayti, in which the accused-petitioners made demand of cash of Rs.50,000/- and a she-buffalo, further saying to ascertain the date of conceiving pregnancy by her. Thereafter, she was removed from her sasural house by the accused-petitioners snatching her personal belongings and, ultimately, she went to her Maika with her father. On 16.6.2007, her ultrasound was held and doctor reported about conceiving the pregnancy by her after 26.2.2007. Thereafter, again her father arranged panchayti on 21.6.2007, in which the accused-petitioners admitted their guilt and assured to take the opposite party no.2 in Bidai after two- three days but she was not taken in Bidai by the accused- petitioners in spite of passing over about one month. Patna High Court Cr.Misc. No.23723 of 2008 (6) dt.05-03-2012 4 / 6 4 3. After filing of the complaint petition by the opposite party no.2 in the court of the Chief Judicial Magistrate, Katihar, the Sub Divisional Judicial Magistrate, Katihar, summoned the accused-petitioners, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] and Section 4 of the Dowry Prohibition Act through the impugned order dated 7.12.2007. 4. Learned counsel appearing on behalf of the petitioners made submission that the opposite party no.2 after staying at her sasural for two days, after the marriage, returned to her Maika and during the aforesaid period of two days, she slept separately alone. The opposite party no.2 after returning from her Maika to her sasural made complaint of vomiting, then she was medically examined on 25.4.2007 and on seeing the ultrasound report, the doctor reported about conceiving the pregnancy by her since before the marriage, as such, the marriage of the opposite party no.2 with the accused-petitioner no.5 is void- ab- initio and she cannot claim any protection under [STATUTE] . It has also been submitted that after knowing about conceiving the pregnancy by the opposite party no.2 since before the marriage, the accused-petitioner no.5, Jiyaur Rehman, filed Patna High Court Cr.Misc. No.23723 of 2008 (6) dt.05-03-2012 5 / 6 5 the Divorce Suit No.129 of 2007 in the c

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.