IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.864 of 2009 1. RAMAN PRASAD SINHA, SON OF LATE BACHCHA PRASAD 2. MITHILESH KUMARI SINHA @ MITHILESH KUMARI @ MANJU DEVI BOTH RESIDENTS OF P/17-A, ROAD NO. 3, VIJAY NAGAR, HANUMAN NAGAR, KANKERBAGH, P.S. PATRAKAR NAGAR, DISTRICT PATNA.- PETITIONERS with Cr.Misc. No.5803 of 2009 PRAMOD KUMAR SINHA, SON OF RAMAN PRASAD SINHA, RESIDENT OF P/17-A, ROAD NO. 3, VIJAY NAGAR, HANUMAN NAGAR, KANKARBAGH, P.S. PATRAKAR NAGAR, PATNA. - PETITIONER Versus 1. THE STATE OF BIHAR 2. SMT. RENU VERMA, DAUGHTER OF SRI BARBADESHWAR PRASAD VERMA AND WIFE OF PRAMOD KUMAR SINHA, RESIDENT OF PLOT NO. P/17-A VIJAY NAGAR, P.S. PATRAKAR NAGAR, PATNA AT PRESENT RESIDING WITH HER FATHER AT L.I.G. 13/439, HANUMAN NAGAR, P.S. PATRAKAR NAGAR, PATNA. – OPPOSITE PARTIES IN BOTH THE CASES ----------- 2 16.12.2009 Heard learned counsel for the parties. The petitioners have challenged the order dated 9.5.2008 passed by the Judicial Magistrate, 1st Class, Patna by which cognizance for the offences under Section 498A in Complaint Case No. 372(c) of 2008 has been taken against the petitioners. Learned counsel for the petitioners submits that the main allegations levelled are against the father-in-law and mother-in- law. It is said that the father-in-law and mother-in-law have a house in Patna and the complainant wants to transfer that house in her name and thus filed this false and fabricated case. It is submitted that in laws are very old. One of them is on the wheel chair and as such it cannot be imagined that they would be indulging in such activities as alleged in the complaint petition. It is further submitted that the In laws have withdrawn money from the bank and paid it to the complainant for her maintenance on various dates and as such the allegation that she was not given food or that she was not looked after is palpably false. 2 All these aspects of the matter can be dealt with and raised at the time of framing of charges. This Court cannot look into the details of the allegations at this stage. These applications are dismissed. Sanjay (Sheema Ali Khan, J.)