IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.34606 of 2008 ====================================================== Neeraj Kumar @ Neeraj Kumar Upadhyaya . Son of Sri Shambhu Nath Upadhayaya, Resident of Mohall- Main Bazar, P.S. Dalsingsarai, District- Samastipur. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. 2 12-07-2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is aggrieved by the order dated 18.09.2002 by which cognizance has been taken for offences alleged to have been committed under Section 498A, 304B, 201, 120B of the Indian Penal Code and ¾ of Dowry Prohibition Act. The first case was instituted with respect to the offence was on 18.11.1998 by the uncle of the victim lady. The second case was instituted by the mother of the victim lady which was numbered as 19 of 1998. The case was investigated by the police and reported that it was a mistake of fact as the lady had died due to medical reasons. The Final Form was accepted on 25.4.2000. The protest petition was filed which was rejected by the Chief Judicial Magistrate. The protest petition was filed by the father of the deceased. The father of the deceased move the Sessions Court and after remand cognizance has been taken in this case. Learned counsel for the petitioner submits that the facts disclosed that in fact no offences are made out under Sections 304B and 498 of the Indian Penal Code as the matter was inquired and after investigation the Court came to the conclusion that the offences are not made out against this petitioner. The issue raised regarding the medical report etc. which indicates that the deceased died due to illness can obviously be considered only at the stage of the trial. This application is thus disposed of with the aforesaid observation. Md. Ibrarul/- ( Sheema Ali Khan, J)