CRIMINAL MISCELLANIOUS No.39816 OF 2006 In the matter of an application under Section 482 of the Code of Criminal Procedure. 1. BISHNU ROY, SON OF LATE SASTA ROY. 2. SHAMBHU ROY, SON OF LATE LAKHAN ROY. 3. PRITAMA DEVI, WIFE OF SHAMBHU ROY. 4. FATIK ROY, SON OF LATE KAIMA ROY. 5. GEETA DEVI, WIFE OF FATIK ROY. PETITIONER NOS. 1,2 AND 3 ARE RESIDENT OF VILLAGE BELWADANGI, P.S. BARSOI, DISTRICT KATIHAR, PETITIONER NOS. 4 & 5 ARE RESIDENT OF VILLAGE MAHESHPUR, P.S. BARSOI, DISTRICT KATIHAR. ---------------------------------------------------------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. POLI DEVI, DAUGHTER OF SATYA ROY, RESIDENT OF VILLAGE BALWADANGI, P.S. BARSOI, DISTRICT KATIHAR. -------------------------------------------------------------------------------------- OPPOSITE PARTIES For the petitioners :- Mr. Helal Ahmad, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. For O.P. No. 2 :- Mr. Bhola Prasad, Advocate P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. Heard learned counsel for the petitioners and the counsel appearing on behalf of opposite party no. 2. 2. This application has been filed against the order dated 29.7.2004, passed by the Judicial Magistrate, 1st Class, Katihar taking cognizance for offences under Sections 498A and 120(B) of the Indian Penal Code. 3. The main contention of the 2 petitioners that in the S.A., the opposite party no. 2 has accepted that she is the second wife of the petitioner no. 1. It is submitted, by the counsel for the petitioners on the aforesaid fact that the second marriage in the life time of the first wife is not permissible and void ab initio and, therefore, the offences under Section 498A would not be attracted. 4. Whether the petitioner no. 1 was actually married to the opposite party no. 2 is a matter which needs proof by way of evidence, therefore, this Court cannot enter into this factual aspect. 5. In the result, this quashing application is accordingly, dismissed. Patna High Court, The 25th of February, 2011 N.A.F.R./Sanjay ( Sheema Ali Khan, J.)