IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.5 of 2008 ARCHANA DEVI Versus 1. STATE OF BIHAR 2. LAXMIKANT CHOUDHARY 3. AMERICA DEVI For the petitioner : Mr. Parth Sarthy, Advocate Mr. Manish Kumar, Advocate. For the O.P. nos. 1 & 3 : Mr. Nishant Choudhary, Advocate Mr. Ravi Choubey, Advocate. ----------- 10 17.03.2009 Heard. The complainant-petitioner takes exception to the judgment and order dated 16.6.2005 passed by the Judicial Magistrate, 1st Class, Dalsingsarai, Samastipur in Complaint Case no. 88/1999 whereby the accused (O.P. nos. 2 and 3) have been acquitted of the charge framed under section 498A of Indian Penal Code. Counsel for the petitioner fairly states before this Court that the marriage with Arjun Choudhary (since deceased) was solemnized in the year 1996. Said Arjun Choudhary died sometimes in January, 1998. The present complaint case has been filed on 5.4.1999. A perusal of the judgment indicates that the factum of marriage has been disputed by the opposite parties herein. The Trial Court in paragraph nos. 14 and 15 of the judgment has taken note of the facts appearing from the record and has come to a conclusion that the prosecution has not been able to prove the case beyond all reasonable doubts. After hearing both the parties and going through the records, this Court is of the view that there is no patent illegality in 2 the judgment meriting interference by this Court. The application seeking leave has no merit. It is, accordingly, dismissed. This Court, however, observes that the findings recorded by the Trial Court as well as the reasons assigned by this Court in disposing of the present application shall not enure to the benefit of either of the parties in the suit which is/are pending between the parties. pkj ( Kishore K. Mandal, J. )