IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4971 of 2008 SATYA NARAYAN SINGH, Son of Late Hari Singh, resident of Village- Mustafapur, Police Station- Suryagarha, District- Lakhisarai ------------------- Petitioner Versus THE STATE OF BIHAR -------------- Opp.Party ----------- For the petitioner : Mr. Arvind Kumar Tiwary, and K.P. Dubey, Advocates. For the State : Mr.Jharkhandi Upadhaya, A.P.P. ------------- 3 05-08-2009 Heard the learned counsel for the petitioner, Satya Narayan Singh, one of the F.I.R. named accused of Suryagarha P.S. Case No.190 of 2000 registered under Sections 302 and 201/34 I.P.C.as also Mr.Jharkhandi Upadhaya, learned A.P.P. for the State. The petitioner through this application has prayed for the quashing of the order dated 4.4.2003 passed therein by the learned Addl.Chief Judicial Magistrate, Lakhisarai, whereby having differed from the final form submitted by the police after due investigation, the court has taken cognizance under Sections 304B and 201/34 I.P.C. It appears from the impugned order that the learned Magistrate appears to have been swayed by the supervision notes of the Dy.Supdt. of Police who had found the case to be true and observed that offences under Sections 304B and 201/34 I.P.C. were made out since deceased Pummy Kumari had been murdered after being subjected to cruelty for non-fulfilment of dowry demands. It also appears that the learned Magistrate while taking cognizance has observed there are sufficient materials to take cognizance against the accused persons without stating what those materials are .It also - 2 - appears that he has not perused the case diary properly. From the fardbeyan of Ajit Kumar Chaudhary recorded on 24.9.2000, it appears that the marriage of deceased Pummy Kumari was solemnized in Fabruary, 1989 with Bipin Singh. It would, therefore, mean that the alleged murder of Pummy Devi took place beyond the period of seven years, which is the stipulated period for an offence under Section 304B I.P.C. That being the position , the impugned order dated 4.4.2003 is hereby set aside and the matter is remitted back to the learned Addl.Chief Judicial Magistrate, Lakhisarai for passing fresh orders after proper perusal of the case diary and other materials available on the record. Accordingly, this application, so far as petitioner Satya Narayan Singh is concerned, is allowed and the matter is remitted back to the learned Addl. Chief Judicial Magistrate, Lakhisarai, for passing fresh orders in the light of the observations made above. NKS/- ( Abhijit Sinha, J )