IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39516 of 2005 SHEO NARAYAN MEHTA,son of Dukhmochan Mehta,Village-Kalhua,P.S.-Shankarpur, District-Madhepura. Versus 1. STATE OF BIHAR 2. Sangeeta Devi,daughter of Ramautar Mehta,at present residing at Ramnagar Bharna,P.S.Nauhatta, District- Saharsa(address given in the complaint is village-Andauli,P.S.- Sourbazar,Dist.-Saharsa. 3. Baldeo Mehta,son of Nunulal Mehta,village-Ramnagar Bharna,P.S.- Nauhatta,District-Saharsa. ----------- For the Petitioner : M/s Birendra Kumar Sinha (Sr.Advocate) & Alok Kumar Sinha, Advocate. For the O.P.No.2 : Mr.Naresh Kumar Malhotra,Advocate For the State : Mr.Jharkhandi Upadhyay,A.P.P. ----------- 05/ 30-03-2009 Heard learned counsel for the parties. This application has been filed for quashing of the order dated 26.8.2005,by which the learned S.D.J.M.,Saharsa has taken cognizance against the petitioner and other accused persons. This is a case for the offences under Sections 498A, 494, 323 and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act making allegation that after the marriage accused persons started making demand of dowry and causing cruelty, that have been shown continuing even after birth of a daughter and hence, as the demand was not fulfilled, it is alleged that the husband married another girl. Though several points have been raised on behalf 2 of the petitioner i.e. regarding year of the marriage, complainant’s desertion but point of demand and next marriage with another girl involving the petitioner, husband, brother-in-laws and elder brother appears relevant corroborating trend developing now a days about misuse of this provision involving even relations having no concern with the family affairs. In my view, next marriage, demand and again continuation of demand involving indirect relations also, prima facie, show constitution of no offence at all against such persons as the petitioner is. So, the cognizance of prosecution lodged against him is not tenable. Accordingly, this application is allowed and order taking cognizance dated 26.8.2005 in respect of the petitioner is hereby quashed. AH/ ( Mandhata Singh, J. )