IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2580 of 2009 1. Surendra Kumar, son of Late Lakshmi Rawat, village Kelabagh (Jagjiwan Nagar) PS Bettiah, Dist. West Champaran, at present posted as S.I. at Korma, PS and District Sheikhpura. 2. Guriya Devi, sister-in-law of Surendra Kumar, village Kelabagh (Jagjiwan Nagar), PS Bhawanipur, District Bhagalpur – petitioners. Vs. 1. The State of Bihar, 2. Shanti Devi, said to be wife of Surendra Kumar, actually wife of Ganesh Rai, PS Bhawanipur, District Bhagalpur – opp. parties. 2 15.12.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 27.11.2008 passed by the Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in Birpur (Bhawanipur) PS Case No. 271/2007 by which cognizance has been taken, on the ground that the offences made out in the F.I.R. are incorrect inasmuch as it is submitted that Shanti Devi, the informant of the case is the sister-in-law of petitioner no.1 and she has falsely claimed to be his wife. It is submitted that the petitioner was never married to the aforesaid Shanti Devi and it is apparent from the voter list, nomination paper and other documents which have been brought on record of the case. The question whether Shanti Devi is wife of petitioner no.1 is a question of fact and, therefore, this court cannot adjudicate on this question at this stage. The petitioner may have the opportunity to raise these questions at appropriate stage. This application is dismissed. haque (Sheema Ali Khan, J.)