IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50786 of 2008 1. Kayamuddin Ansari 2. Niyamudin Ansari 3. Hesamudin Ansari 4. Ali Mohamd Ansari 5. Nasibun Bibi 6. Jahid Ansari --------------------- Petitioners Versus State Of Bihar ---------------------------------- 4 30-11-2011 This is an application for quashing the order dated 13.6.2008 passed by Sub-Divisional Judicial Magistrate, Kaimur at Bhabua in Complaint Case No. 246 of 2008 by which it has taken cognizance against the petitioners under sections 420 and 406 IPC and section 4 of the Dowry Prohibition Act. Heard counsel for the parties. In brief, complainant’s case is that there was negotiation with petitioner no.4 and the complainant for marriage of complainant’s daughter with petitioner no.2. There was some ceremony at the house of complainant’s brother in which bride and bridegroom both were shown for liking of all the family members. Thereafter another ceremony was there to engage like engagement as Baricha in which Rs. 50,000/- as cash and other ornaments and clothes were given by the complainant. Now 2 there is another face of allegation that petitioner no.4 went to the house of the complainant for money in connection with treatment of his wife, Rs. 40,000/- was paid also but that money was not returned rather an additional demand was made for a Motorcycle and Rs. 50,000/- and marriage could not be finalized. The submission of learned counsel for the petitioners is that there was no negotiation at all for settlement of marriage more over all the allegations are against petitioner no.4 and dowry, if any was demanded on his behalf, money was paid to him, marriage was refused by him that also is denied, if cannot be doubted at this stage then in my view also liability is made out against him only. Cognizance is taken against all which is not liable to remain sustained. Accordingly, application is allowed in part and the order of cognizance dated 13.6.2008 taken in Complaint Case No. 246/08 against the petitioners no. 1,2,3,5 and 6 is hereby quashed. AI ( Mandhata Singh, J.)