IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.843 of 2009 KRISHNA SINGH & ORS Versus STATE OF BIHAR & ORS ----------- 2 14.7.2010 The petitioners pray for quashing the F.I.R. of Brahampur (Krishna Braham) P.S. Case No.4 of 2009 dated 7.1.2009 registered under section 304(B), 201/34 of the Penal Code and section ¾ of the Dowry Prohibition Act. It is alleged by the informant that his daughter Anita Kumari was married to co-accused Mahesh Singh on 25.6.2007 and due to non-fulfillment of demand of dowry, she was done to death by the accused persons. Petitioner nos.1 and 2 are parents of Late Mahesh Singh, who subsequently died on 21.8.2009 under mysterious conditions and petitioner nos. 3 and 4 are brothers of Mahesh Singh. Petitioners submits that the allegation under section 304B of the Penal Code is absolutely false, as Anita Kumari is very much alive. A petition was filed on 23.6.2009 before the Krishna Braham (Brahampur) Police Station stating therein that Anita Kumari herself fled away with friend of one Santu Singh of Arrah and many people have seen Anita Kumari with him. He further submits that one Shyam Bihari Singh has also filed an application before the Superintendent of Police, Buxar stating therein that the allegation against the petitioners are false and in fact a friend of Santu Singh has taken away Anita Kumari for the 2 KHAN purposes of marriage. He further submits that co-accused Mahesh Singh, the husband of Anita Kumari, has subsequently been murdered.. He thus submits that no case under section 498A of Penal Code would be made out against the accused persons. Counsel for the State submits that on investigation the allegation was found partially to be false as Anita Kumari was still alive and charge sheet has been submitted under section 498A of the Penal Code and not under section 304B of the Penal Code. After submission of charge sheet, cognizance of offence under section 498A of the Penal Code has been taken on 20.8.2009. In view of the fact that charge sheet has been filed under section 498Aof the Penal Code and cognizance has also been taken under section 498A, I am not inclined to quash the criminal prosecution. The petitioner would be at liberty to challenge the subsequent charge sheet or the order taking cognizance. The police may also take steps for proceeding against the informant as he stated in F.I.R. that his daughter has been killed whereas she was very much alive. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)