IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8331 of 2008 ACHUTANAND CHOUDHARY, SON OF LATE ADHIKLAL CHOUDHARY, RESIDENT OF VILLAGE JHANDAPUR, P.S. BIHPUR, DISTRICT BHAGALPUR AT PRESENT RESIDING IN MOHALLA FARISH LANE, ADAMPUR, P.S. ADAMPUR (KOTWALI) DISTRICT BHAGALPUR. ---- PETITIONER Versus THE STATE OF BIHAR ----------- 2 27.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by order taking cognizance dated 12.3.2007, passed by the Sub-divisional Judicial Magistrate, Bhagalpur in Kotwali P.S. Case No. 494/2005, bearing G.R. Case No. 2020/2005 for the offences under Section 498A/34 of the Indian Penal Code. The points raised on behalf of petitioner is that the petitioner had filed a case under Section 364 of the Indian Penal Code alleging that his son had been kidnapped for the purposes of marriage. It is submitted that that case was filed earlier to the present case and as such this case under Section 498A/34 is nothing but counter case to the earlier case filed. All these aspects of the matter would be considered in the trial. As such I am not inclined to interfere with the order of cognizance. This application is dismissed. Sanjay (Sheema Ali Khan, J.)