IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49168 of 2007 1. NUNUMANI GOSWAMI 2. SUBHASH GOSWAMI 3. RADHE KANT GOSWAMI. ALL SONS OF BALDEO GOSWAMI 4. RITA DEVI W/O RADHE KANT GOWAMI 5. SARITA DEVI W/O SUBHASH GOSWAMI ALL RESIENTS OF VILLAGE-KACHARATI, P.S. DHURAIYA, DISTRICT-BANKA. Versus 1. STATE OF BIHAR 2. MUNNI DEVI@ ARCHANA DEVI WIFE OF NUNUMANI GOSWAMI ----------- 3. 26.02.2009 Heard learned counsel for the petitioners, for the State as also for Opposite party no. 2. Assailing the order of cognizance dated 4.7.2007 by the SDJM, Katihar in Complaint case No. 914 of 2005 under Section 498 A of the Penal Code and Section 4 of the Dowry Prohibition Act, the submission is that as per the allegations, reading them as it is, the entire occurrence is stated to have taken place at Banka. No part of the cause of action has arisen at Katihar to justify institution of the complaint case at Katihar. Learned counsel for opposite party no. 2 finds it difficult to oppose the submission on basis of the pleadings in the complaint. In an allegation under Section 498 A of the Penal Code, on the place of institution of the complaint, interpreting Sections 177 & 178 of the Code of Criminal Procedure with regard to the place of enquiry and trail, the Supreme Court in the case of Bhura Ram &ors. V. State of Rajasthan & anr., (2008) 11 SCC 103 has held that if the occurrence has taken place at the matrimonial home and the complaint is filed by the alleged victim 2 girl after going back to her parental home with no allegation in the complaint of cause of action at the parental home, a complaint case there was not maintainable. However, directions were appropriately given for return of the complaint to enable presentation of the same before the appropriate Court. For that reason, the present complaint case is held to be not maintainable at Katihar. Let the records be returned to the Opposite party no. 2 for presentation before the proper court, if she so desires. The application stands allowed. AKS/ (Navin Sinha, J.)