IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27780 of 2008 LAKSHMAN SAH, SON OF SHRI RAMJEEVAN SAH, RESIDENT OF VILLAGE BIKRAM, P.S. BIKRAM, DISTRICT PATNA.----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. SHUKHDEO SAH, SON OF LATE SADHU SAH, RESIDENT OF VILLAGE FARHADA, P.S. DIGHAWARA, DISTRICT SARAN. 3. GIRIJA DEVI, WIFE OF SHRI LAKSHMAN SAH, RESIDENT OF VILLAGE BIKRAM, P.S. BIKRAM, DISTRICT PATNA AT PRESENT: DAUGHTER OF SHRI SUKHDEO SAH, VILLAGE FARHADA, P.S. DIGHWARA, DISTRICT PATNA.----- OPPOSITE PARTIES ----------- 2 14.9.2009 Heard learned counsel for the petitioner. The petitioner has challenged the order of cognizance dated 20.7.2005. The complaint has been filed by the father of the victim girl in which it has been stated that the victim girl is living with her husband and there has been a demand of Rs. 1 lac from him. He has therefore, prayed in the complaint petition that the accused persons should be noticed in this matter. Learned counsel for the petitioner refers to annexure-2 which is an affidavit filed by the said complainant in which it has been stated that his daughter is willing to live with her husband and both of them have left their house and there is no further dispute between them. This affidavit has been filed on 12.5.2005. Apparently the victim girl is not living with her husband and it appears that despite whatever may have transpired between the filing of the complaint case and passing of the order impugned taking cognizance, matters between husband and wife have not improved rather they have 2 deteriorated. Learned counsel for the petitioner further submits that the torture has taken place at Bikram and not at Saran and, therefore, the Court at Saran does not have the jurisdiction to take cognizance in this case. This aspect of the matter may be raised by the petitioner in the Court below by filing an application. The Court below may consider the entire facts and after hearing the complainant pass an appropriate order if at all the question is raised in this case. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)