IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52812 of 2007 1. BIRENDRA KUMAR PANDWA @ BIRENDRA KUMAR S/O SHIV NARAIN DAS 2. SRI SHIV NARAIN DAS, S/O LATE BUECHU DAS 3. MALIDA DEVI W/O SHIV NARAIN DAS 4. DEVANAND DAS S/O SHRI SHIV NARAIN DAS 5. RAVINDRA DAS @ RAVINDRA KUMAR S/O SRI SHIV NARAIN DAS --- PETITIONERS Versus 1. STATE OF BIHAR 2. SRI DAS S/O JAGRUP DAS --- OPP.PARTIES. ----------- 05 31.08.2010 A supplementary affidavit has been filed which is taken on record. Heard. Petitioners are aggrieved by the order taking cognizance under diverse Sections of the Penal Code including Sections 406, 420/34 of the Penal Code and Section 4 of the Dowry Prohibition Act. Learned Magistrate, on the basis of the materials adduced on behalf of the complainant in course of enquiry made under Section 202 of the Code of Criminal Procedure Code, has found that there is/are a prima facie case made out against the petitioners. This order was passed on 19.01.2007. The matter remained pending for more than three and half years. By order dated 09.04.2010 a query was made about the stage of the trial. Learned counsel for the petitioners is unable to state about the stage of trial. In the supplementary affidavit there is no averment with respect to the stage of trial. This Court finds that at no point of time any interim relief was granted to the petitioners. Learned counsel submits with reference to the different documents filed along with the supplementary affidavit that the proposed ‘Samdhi’ of the complainant was, during the relevant date and time, posted at a different place where he was found working. It is next contended that the story made out in the F.I.R.is not readily believable. This Court finds from the impugned order that in course of inquiry witnesses supported the prosecution case. The trial must have commenced by now. Considering the aforesaid facts as also the scope of the jurisdiction invoked by learned trial Court, I am not inclined to interfere with the order. The application is dismissed. Sym ( Kishore K. Mandal, J.)