IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.880 of 2007 1. MD. TAHIR HUSSAIN @ MD. TAHIR SON OF JABBAR 2. RAMELA @ RAMELA KHATOON WIFE OF MD. TAHIR HUSSAIN. 3 ZAHIDUL ALIAS ZAHIDUL RAHMAN SON OF LATE MDE. JABBAR. 4. NASIMA KHATOON WIFE OF ZAHIDUL 5. ISLAM ALIAS MD. ISLAM SON OF MD. JABBAR 6. MEHNAJ ALIAS MEHRAZ WIFE OF ISLAM @ MD. ISLAM 7. SABIR ALAM SON OF MAD. JABBAR 8 NOORDANA BEGUM @ NOORANA BEGUM W/O SABIR ALAM 9. MD. SAGIRA SON OF MAD. JABBAR 10. SAHEBA KHATOON WIFE OF MD. SAGIRA 11. NIRALA BEGUM WIFE OF MD. NOOR ALAM. 12. NOOR ALAM SON OF MD. JABBAR. ALL ARE RESIDENTS OF VILLAGE-JHINGAKATA, P.S. BAHADURGANJ, DISTRICT- KISHANGANJ. 13. AJMERI BEGUM ALIAS FOUKCHI W/O NAZIM. 14. MD. NAZIM SON OF LATEFUL ALIAS LATEPUL . BOTH ARE RESIDENT OF VILLAGE- PALASAMNI,P.S. BAHADURGANJ, DISTRICT- KISHANGANJ 15. JAINU UDDIN SON OF SAHEB ALI 16. NAJMERI BEGUM WIFE OF JAINU UDDIN BOTH RESIDENT OF VILLAGE - BALUADANGI, P.S. TERHAGACHH, DISTT. KISHANGANJ......... PETITIONERS Versus 1. STATE OF BIHAR 2. ANAURI BEGUM @ ANWARI BEGUM, DAUGHTER OF RAJEBUL, RESIDENT OF VILLAGE- JHINGAKATA, P.S. BAHADURGANJ, DISTT. KISHANGANJ.................OPP. PARTIES. 7 5-2-2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the informant. On going through the order of cognizance and hearing the submissions, it is found that the complainant has, no doubt, made general allegations against most of the relations of her husband and the husband had filed a criminal case earlier against his in-laws and wife. But it is difficult to hold that this case must be presumed to be false against all. Sufficiency of materials against distant relations of - 2 - the husband could not have been seen at the time of cognizance. No good ground is found to interfere with the order of cognizance. This application is, therefore, dismissed. However, the petitioners shall always have the liberty to raise the issue of sufficiency of material and pray for discharge at appropriate stage which should be considered on its own merits. ( Shiva Kirti Singh,J) Naresh