IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3959 of 2011 1. BINOD KUMAR SINGH ,S/O YOGENDRA SINGH. 2. YOGENDRA SINGH,S/O LATE FAKIRA SINGH. 3. BINDA DEVI,W/O YOGENDRA SINGH. 4. SANJAY KUMAR SINGH,S/O YOGENDRA SINGH. 5. MIRA DEVI,W/O SANJAY KUMAR SINGH. 6. ARVIND KUMAR SINGH, S/O YOGENDRA SINGH. . Versus THE STATE OF BIHAR & ARS. . ----------- 2. 04.05.2011 Head learned counsel for the petitioners and learned counsel for the State. Learned counsel for the petitioners seek quashing of the order dated 02.08.07 passed in Complaint Case No. C1-2921/06 by which the petitioners and others have been summoned to face the trial for offences u/ss 498A, 379 of I.P.C. and section 3/4 of the Dowry Prohibition Act. The ground for seeking quashing of the prosecution is that the case is false and that the complainant was residing with another person. In support of the second contention order passed in Maintenance Case recording the regular absence of the complainant in that Maintenance case has been discarded. Law is well settled that the contended falsity of the case could not be a ground for quashing the prosecution and a defence of an accused like, the complainant’s alleged living with another man could also not be considered for that purpose. The petition is dismissed. Nitesh (Dharnidhar Jha, J.)