IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38210 of 2009 AJAY KUMAR JHA @ AJAY JHA & ORS Versus STATE OF BIHAR & ANR ----------- 2 09.11.2009 This application has been filed for quashing the order dated 8.6.2006 by which cognizance has been taken under sections 323, 379, 498(A) of the Indian Penal Code and ¾ of the Dowry Prohibition Act. Learned counsel for the petitioner submits that demand of Rs. 50,000/- was made for the purpose of business which does not come under the definition of Dowry Act. Reference in this case has been made to the case reported in A I R 2007 (SC) 763 Appasaheb & Anr. Vs. State of Maharastra wherein there was demand of Rs. 10,000/- for house expenses and purchase of some articles. In the present case the allegation is that Wadi ki shadi mei fidwi ke Pita ne apane aukat ke mutabik gahana, kapra, awang Anaya uphar swaroop diya tha lekin sasural wale bataur dahej Rs. 50,000/- waste karne dukan waste ke usi samay se mang karte aa rahe hai. Prima facie it appears that the case has been made under the Dowry Act. The Supreme court has come to the conclusion that demand of money for the purpose of business will not amount to dowry. In the present case the petitioner was making demand of Rs. 50,000/- since the time of marriage, therefore, I am not inclined to interfere with the order of taking cognizance as the prima facie case has been made out. Application is dismissed. (Sheema Ali Khan, J) - 2 - M.Rahman