IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45357 of 2009 VINOD KUMAR CHOUDHARY, SON OF LATE PASHUPATI NATH CHOUDHARY, RESIDENTS OF VILLAGE PANDA SARAI, P.O.- AND P.S.- LAHERIA SARAI, DISTRICT- DARBHANGA. Versus 1. THE STATE OF BIHAR 2. SMT. NIRMALA DEVI, WIDOW OF LATE KISHORI CHOUDHARY, WIFE OF VINOD KUMAR CHOUDHARY, RESIDENT OF VILLAGE PANDA SARAI, P.O. AND P.S.- LAHERIA SARAI, DISTRICT- DARBHANGA. For the petitioner : Mr. Anjani Kumar Jha, Advocate. For the State : Mr. M.N. Jha, A.P.P. ----------- 2 24.06.2010 Heard learned counsel for the petitioner. Petitioner, who is facing allegation punishable under Section 498A of the Indian Penal Code, questions the legality of order dated 26.5.2008 whereby the learned Magistrate, on perusal of the materials brought on record in course of inquiry has come to the conclusion that there are materials which prima facie implicate the petitioner (husband of the complainant) and accordingly, cognizance has been taken. It is to be noted here that the learned Magistrate has acted with circumspection inasmuch as it has found in the impugned order itself that there is/are no sufficient and/or adequate material against the other family members. They have thus been let off. Learned counsel for the petitioner submits that the petitioner is a blind person and that admittedly the complainant was married to him after the death of her first husband who happened to be the elder brother of the petitioner. It is next contended that there is no sufficient material on record. 2 At the state of taking cognizance, the Court has only to satisfy itself from the materials available on record as to whether there is prima facie case made out against the accused person or not. From the impugned order, it would appear that the Court, upon perusal of the materials on record, has come to a conclusion that there is prima facie case against the petitioner justifying the order. Learned counsel for the petitioner has not been able to show any infirmity and/or illegality in the order. This Court finds no merit in this application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )