Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49621 of 2008 ===================================================== 1. Md. Nazmul Hoda , son of Md. Bagrul Hoda. 2. Shah Jahan Begum @ Phul Bibi, wife of Md. Baqrul Hoda. Both residents of village-Maulana Dargah Tola (Teghra), Police Station-Teghra, District-Begusarai; presently C/O Raja Scooter Service, T.R. Club Road, Malkhowa, Guahati (Assam). .... .... Petitioners. Versus 1. The State of Bihar. 2. Azima Jafari @ Tunni Khatoon, wife of Md. Nazmul Hoda @ Pappu, daughter of Dr. Nurul Hoda, resident of village-Maulana Dergah Tola(Teghra), Police Station-Teghra, District-Begusarai (Complainant). .... .... Opposite Parties. ===================================================== with Criminal Miscellaneous No.43050 of 2007 ===================================================== Md.Najmul Hoda @ Pappu, son of Md. Badrul Hoda, resident of Mohalla-Maulana Dargah Tola, Police Station-Teghra, District- Begusarai. .... .... Petitioner. Versus 1. The State of Bihar. 2. The Azima Zafari @ Tunni Khatoon (wife of Md. Najmul Hoda @ Pappu), daughter of Md. Nurul Hoda, resident of village-Maullana Dargah Tola, Police Station-Teghra, District-Begusarai. .... .... Opposite Parties. ===================================================== Appearance : In both the applications: For the Petitioners : Mr. Gajendra Kumar Jha No.2, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. For the O.P. No.2 : Mr. Md. Rahmatullah, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER ------------------ 14 10-04-2012 Criminal Misc. No.43050 of 2007 has been filed on behalf of the petitioner, Md. Najmul Hoda alias Pappu, to quash the order dated 16.4.2007 passed in Criminal Revision No.418 of 2006 by the Sessions Judge, Begusarai, whereby the learned Patna High Court Cr.Misc. No.49621 of 2008 (14) dt.10-04-2012 2 / 11 2 Sessions Judge, Begusarai, has dismissed the aforesaid Criminal Revision preferred by the accused-petitioner, Md. Najmul Hoda alias Pappu, against the order dated 26.9.2006 passed in Complaint Case No.349(C) of 2006 by the Sub Divisional Judicial Magistrate, Begusarai, summoning the six accused, named in the complaint petition, including the petitioner, Md. Najmul Hoda alias Pappu, finding prima facie case under [STATUTE] and Sections 3/4 of the Dowry Prohibition Act. Criminal Misc. No.49621 of 2008 has been filed on behalf of the petitioners, Md. Nazmul Hoda and Shah Jahan Begum alias Phul Bibi, to quash the order dated 26.7.2008 passed in Complaint Case No.2238-C of 2007 by the Sub Divisional Judicial Magistrate, Begusarai, summoning the seven accused, named in the complaint petition, including the petitioners, Md. Nazmul Hoda and Shah Jahan Begum alias Phul Bibi, finding prima facie case under [STATUTE] and Sections 3/4 of the Dowry Prohibition Act. Since in both the aforesaid applications common issue is involved, therefore, both the applications have been heard together and are being disposed of by this common order. 2. The brief facts relevant to Criminal Misc. No.43050 of 2007 is that the opposite party no.2, Azima Zafari Patna High Court Cr.Misc. No.49621 of 2008 (14) dt.10-04-2012 3 / 11 3 alias Tunni Khatoon, filed the Complaint Case No.349 (C) of 2007 against the accused, named in the complaint petition, including the petitioner, Md. Najmul Hoda alias Pappu, alleging therein that her marriage was performed on 4.4.2002 with the accused-petitioner, Md. Najmul Hoda alias Pappu, according to Muslim customs and she went to her Sasural in Bidai with the gifted articles and returned from her Sasural to her Maika after four days. She again went to her Sasural from her Maika after passing over some days. The accused, named in the complaint petition, including her husband, the petitioner, Md. Najmul Hoda alias Pappu, told her to ask her father to bring cash of Rs.2,00,000/- from her father. The opposite party no.2 was being pressurized by all the accused to bring cash of Rs.2,00,000/- from her father. When she refused to ask her father regarding to give cash of Rs.2,00,000/-, then she was being tortured and assaulted by all the accused including her husband, petitioner, Md. Najmul Hoda alias Pappu, through various modes. In the year 2003-2004, the opposite party no.2 conceived pregnancy but in the meantime, she became ill due to torture at the hands of all the accused including her husband. While the doctor suggested her to take nutritious food but all the accused did not take care and, ultimately, she gave birth to a female child at Nazarat Hospital, Mokama, who was weak, but Patna High Court Cr.Misc. No.49621 of 2008 (14) dt.10-04-2012 4 / 11 4 none of her Sasural people reached there to see her. When she reached at her Sasural from the hospital, then she was being more tortured for giving birth to a female child. After passing over some days, her husband went to Guwahati, saying that he would return after one year and gave direction to keep the cash of Rs.2,00,000/- after demanding the same from her father and brother. Her husband returned from Guwahati on 19th of February, 2006 and on the next day asked about bringing the cash of Rs.2,00,000/- from her Maika. When she showed inability of her father to fulfill the demand, she was being tortured through various modes. On receiving such information, her father came to her Sasural and took her Maika. On the next day, she was taken to Begusarai for treatment by her father. While her father tried to arrange Panchayti to convince her husband but all in vain. After filing of the aforesaid complaint case by the opposite party no.2, on enquiry under Section 202 of the Code of Criminal Procedure, the Sub Divisional Judicial Magistrate, Begusarai, summoned the six accused, named in the complaint petition, including the petitioner, Md. Najmul Hoda alias Pappu, finding prima

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.