IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29625 of 2009 Suhaib Alam, son of Samsuddin Alam, village Garbaiya, PS Barachatti, District Gaya – Petitioner. Vs. 1. The State of Bihar, 2. Sahajadi Begum, daughter of Israfi Miyan, village Newadi, PS Konch, District Gaya - opposite parties. 2 23.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Learned counsel for the petitioner submits that the petitioner is not the husband of the complainant and has produced materials in the court below in support of his stand. The court below after considering the materials has found that the materials produced is not impeccable evidence to lead the court to conclude that the petitioner is not the husband of the complainant. This aspect will have to be examined at a later stage. Counsel for the petitioner also submits that the 2nd class Magistrate has no power to take cognizance. However, considering the position of sub-section (2) of section 190 of the Code of Criminal Procedure, I do not think that there is any merit in this application. This application is dismissed. haque (Sheema Ali Khan, J.)