IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36698 of 2007 1. SHEO RATAN PANDIT S/O SHRI RAMDEO PANDIT 2. SHEELA DEVI W/O JAGLAL PANDIT BOTH R/O VILL-SAIDPURA, P.O. SAIDPURA, P.S. GOREYAKOTHI,DIST. SIWAN --- PETITIONERS Versus 1. STATE OF BIHAR 2. GEETA DEVI W/O LATE SHARMA PANDIT, R/O VILL & P.O. SAIDPURA, P.S. GOREYAKOTHI, DIST. SIWAN AT PRESENT D/O SHOENATH PANDIT, R/O MOHALLA-DAULATPUR COLONY, QR. NO. 637/D, JAMALPUR, P.S. JAMALPUR, DIST. MUNGER. --- OPP.PARTIES. ----------- 04 05.08.2010 Present application has been filed questioning the legality of the order dated 02.03.2007, passed by learned Judicial Magistrate, First Class, Munger, in complaint case no. 700( C) of 2005. By this order learned Magistrate, being satisfied about presence of a prima facie case from the materials brought on record in course of enquires made under Section 202 of the Code of Criminal Procedure, has taken cognizance under diverse Sections of Penal Code including Sections 406, 465,323 of the Penal Code. It appears from the petition that the order impugned has been sought to be challenged on the ground that father of petitioner no.1 had also filed a complaint case bearing complaint case no. 384 of 2005 against Sheo Nath Pandit (father of complainant /opposite party no.2 and others) for forcibly taking away the daughter- in- law (complainant/ opposite party no.2) from the matrimonial house after death of her husband. I have perused the order impugned. 2 It appears that in course of enquiry the complainant and four witnesses examined on her behalf have supported the case. Resultantly learned Magistrate has found that there is prima facie case available on record justifying the order. This Court does not found any illegality in the order meriting interference. So far as the case of the petitioners is concerned, this Court finds that the same is a possible defence of the accused and the said matter can well be raised in course of trial. On the aforesaid ground the order in question cannot be interfered with. There is no merit in this application, which is accordingly, dismissed. Sym ( Kishore K. Mandal, J.)