Criminal Miscellanious No.46298 OF 2007 In the matter of an application under Section 482 of the Code of Criminal Procedure. 1. PARMANAND RAM, SON OF SRI HANUMAN RAM. 2. KAJAL DEVI, WIFE OF DEVANAND RAM. 3. DEVANAND RAM, SON OF SRI HANUMAN RAM 4. SACHIDANAND @ BABLU RAM, SON OF SRI HANUMAN RAM 5. MUNNI DEVI @ URMILA DEVI 6. GUDDI DEVI, BOTH DAUGHTERS OF SRI HANUMAN RAM 7. RAJU PASWAN, SON OF RAMESHWAR PASWAN 8. KRISHNA KUMAR, SON OF MAHABIR RAM ALL RESIDENTS OF KUCHERY ROAD, JAMTARA, P.S. & DISTRICT JAMTARA. -----------------------------------------------------------------------------------------------PETITIONERS Versus 1. THE STATE OF BIHAR. 2. SUDHIR KUMAR, SON OF SACHINDRA PRASAD (PASWAN), VILLAGE RABAICH, P.S. BAKHTIYARPUR, DISTRICT PATNA. -------------------------------------------------------------------------------------- OPPOSITE PARTIES For the State :- Mr. Jharkhandi Upadhyay, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. The petitioner has filed this application for quashing of the order taking cognizance dated 4.7.2005, passed by the Sub-divisional Judicial Magistrate, Barh in Complaint Case No. 33/2005 under Sections 323, 498A and 304B of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. The complainant has alleged that his sister has been burnt and killed by her husband (petitioner no. 1). It is alleged that there was a demand of 20 Tola of gold 2 and that her husband has having an affair with petitioner no. 2. 2. Learned counsel for the petitioners relies on the statement of the victim lady Nilam Devi to argue that that she has stated, before her death that she set herself on fire due to ill treatment of husband and in-laws. 3. Whatever be the statement of Nilam Devi it would be considered at the relevant time during the trial and not for the purpose of taking cognizance. However, since there is no direct allegations and involvement of petitioner nos. 5 to 8 either in the complaint or in the S.A., I quash the cognizance against petitioner nos. 5 to 8 in Complaint Case No. 33/2005, passed by the Sub-divisional Judicial Magistrate, Barh. The prayer on behalf of petitioner nos. 1 to 4 is dismissed as a prima facie case is made out against them. Patna High Court, 12th of May, 2011 Sanjay/N.A.F.R. ( Sheema Ali Khan, J.)