IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52522 of 2007 BIRA PANDIT, S/o Satyadeo Pandit, Rsident of Village- Rajapur Mathia, P.S.-Kotwa, District-East Champaran. …..……Petitioner. Versus 1. THE STATE OF BIHAR. 2. Sita Ram Pandit, son of Late Mahesh Pandit, Resident Of Village-Ojha Tola Mathia, P.S.-Majhaulia, District- West Champaran. ……Opposite Parties. ----------- For the Petitioner : Mr. Arun Kumar, Adv. For the State : Mr. C. Jawahar, A.P.P. --------- 04. 09.04.2010 The petitioner has sought quashing of the order dated 24.07.2007 passed by the Chief Judicial Magistrate, Motihari in Kotwa P.S. Case No. 36 of 2007 by which he has taken cognizance against the petitioner and others for the offences under Sections 304B and 201/34 of the Indian Penal Code. The prosecution case is that the daughter of the informant was married to Raju Ranjan in the year 2006 but unfortunately after her marriage she was variously tortured by her in-laws on account of non-fulfilment of demands of dowry. There is no specific overt act against the petitioner who has described himself as an employee of a machine shop. The notices were issued to the Opposite party No. 2 by an order dated 06.02.2009 but no stay had - 2 - been granted by this Court. Despite notices the Opposite Party No. 2 has not appeared in this case. However, the counsel for the petitioner is present today but is unable to furnish information to this Court about the present stage of the trial. In view of the fact that this application is being heard almost three years of the said order of cognizance dated 24.07.2007, I am not inclined to consider the merits of the case without any information about the present stage of trial. In view of such, the application is dismissed on this score alone. Vikash/- (Anjana Prakash, J.)