IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.2891 OF 2009 1. AWADH KUMAR SAH @ AWADHESH KUMAR SAH, SON OF RAMPREET SAH 2. MANOJ KUMAR SAH, SON OF RAMPREET SAH 3. ARTI DEVI, WIFE OF MANOJ KUMAR SAH 4. KUSUM KUMARI GUPTA, WIFE OF AWADHESH KUMAR SAH ALL ARE RESIDENT OF VILLAGE KHUDAIBARI, POLICE STATION HUSSAINGANJ, DISTRICT SIWAN ……………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. SARITA DEVI, WIFE OF RAMESH KUMAR SAH, RESIDENT OF VILLAGE KHUDAIBARI, POLICE STATION HUSSAINGANJ, DISTRICT SIWAN. DAUGHTER OF DHARMANATH SAH, RESIDENT OF TAKKIPUR, POLICE STATION MAHARAJGANJ, DISTRICT SIWAN ……………………………………………………………………OPPOSITE PARTIES ********** 3 12/04/2010 Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State. The petitioners are the brother-in-laws and their wives of Opposite Party No. 2 and the allegation at paragraph 5 of the complaint petition is that these petitioners are said to have dragged her and tried to set her on fire on 21.12.2007. However, she was saved by neighbours. Learned Counsel for the petitioners submits that the marriage took place in the year 1995. The Opposite Party No. 2 was living happily and has four children out of the wedlock. The allegation that the petitioners tried to kill the complainant has not been found to be true inasmuch as the Court has not taken 2 cognizance under Section 307 of the Indian Penal Code. Apparently, in the statement of Sarita Devi on S.A., the story about setting fire to the complainant is patently missing from the allegation portion and infact the Opposite Party No. 2 in reply to the Court’s question has specifically replied that her husband and mother-in-law were persons responsible for demand of dowry. Considering the aforesaid facts, it is clear that as far as these petitioners are concerned, their involvement does not prima facie appear to be true. As such, the order dated 28.04.2008 passed by the Sub Divisional Judicial Magistrate, Siwan in Complaint Case No. 161 of 2008 and the order dated 18.12.2008 passed by the Sessions Judge, Siwan in Criminal Revision No. 87 of 2008 are hereby quashed so far as the above named petitioners are concerned. In the result, this application is allowed. Anand ( Sheema Ali Khan, J.)