IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.33871 OF 2008 1. KUMAR KUNDAN GUPTA, SON OF MAHABIR PRASAD GUPTA 2. MAHABIR PRASAD GUPTA, SON OF LATE SAUKHI MISTRI 3. NIRMALA DEVI, WIFE OF MAHABIR PRASAD GUPTA 4. KUMAR GUARAV @ PIYUSH KUMAR SON OF MAHABIR PRASAD GUPTA ALL ARE RESIDENT OF VILLAGE MEHADDIPUR, POLICE STATION KASHIM BAZAR, DISTRICT MUNGER 5. SUNITA DEVI, WIFE OF JAI PRAKASH TANTI, RESIDENT OF VILLAGE MOHGENDA PATAN, POLICE STATION JAMALPUR, DISTRICT MUNGER 6. BABITA DEVI, WIFE OF KAPILDEO TANTI, RESIDENT OF VILLAGE NAYAGAON, POLICE STATION JAMALPUR, DISTRICT MUNGER VERSUS 1. THE STATE OF BIHAR 2. JULY DEVI, WIFE OF KUMAR KUNDAN GUPTA, RESIDENT OF VILLAGE LOCO COLONY, DANAPUR QUARTER NO. 753A, POST OFFICE AND POLICE STATION KHAGAUL, DISTRICT PATNA ******** 2 08/07/2011 This application has been filed challenging the order dated 17.07.2007 passed in Trial Complaint Case No. 64C of 2007 by which the Sub Divisional Judicial Magistrate, Danapur has taken cognizance for the offences alleged to have been committed under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act not only against the husband but also the other family members. The facts reveal that a divorce suit was filed by the husband earlier to the filing of the complaint case, which was dismissed. It is submitted that the present complaint case has been filed after the notices were received in the divorce suit. On consideration of the facts as mentioned in 2 the complaint petition, it appears that there was a demand of dowry. There are omnibus allegations against other family members of abusing the victim girl. It is also said that there was a threat of a second marriage and the victim girl was sent away from her matrimonial home. The petitioners 2 to 6 may raise the issues that there are omnibus allegations against them and that in fact the married NANADS and other family members would not be responsible for the demand made by the husband at the stage of framing of the charges. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )