IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48205 of 2006 AKHILESH KUMAR DUBEY . Versus STATE OF BIHAR & ANR . ----------- 3 23.3.2010 No one appears for the petitioner. The petitioner prays for quashing the order dated 17.5.2006 passed in Cr.Revision No.57 of 2006 passed by the learned Sessions Judge, Buxar whereby he affirmed the order dated 27.1.2006 passed by the learned S.D.J.M., Buxar in Complaint Case No.524©05, Tr.No.2005/05 whereby cognizance for the offence under section 498A of the Penal Code and section 3/4 of the Dowry Prohibition Court has been taken against the petitioner. The petitioner is the husband of the complainant Smt. Padmawati Devi. It is alleged that the petitioner and other family members tortured her due to non-fulfillment of demand of dowry. Both the complainant and witnesses who were examined under section 202 Cr.P.C. had supported the case of the complainant. The learned Magistrate took cognizance of offence under section 498A of the Penal Code and section 3/4 of the Dowry Prohibition Act. The revisional court also affirmed the order taking cognizance as the prosecution has made out prima facie case. This court by order dated 23.11.2006 adjourned the matter to be placed after disposal of anticipatory bail application being Cr.Misc.No.41971 of 2006 in order to enable the husband and wife of the instant case to resolve their dispute through amicable settlement. The settlement did - 2 - KHAN not materialize. This court thus proceeds to test the order of both the courts below on merit. I find that both the courts below have held that the prosecution has been able to make out a prima facie case for issuing summons to the petitioner for facing trial under section 498A of the Penal Code and section 3/4 of the Dowry Prohibition Act. The order of the learned court below is well founded and I do not find any reason to interfere with the impugned order. This application is accordingly dismissed. The court in seisin with the matter will proceed in accordance with law. (S.P.Singh,J)