IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31145 of 2008 Chandrashekhar Singh, son of Nagendra Narain Singh, village Vijuli, PS and District Aurangabad, presently Pagmil Mandai Road, PS Hazaribagh Sadar, Dist. Hazaribagh, Jharkhand – Petiioner. Versus The State Of Bihar ----------- 3 4.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed against the order, dated 16.10.2007 passed by the Subdivisional Judicial Magistrate, Sherghati at Gaya in Imamganj PS Case No. 41/2001 by which cognizance has been taken for the offences under sections 498A, 379 and 34 of the Penal Code. As per the allegations made in the First Information Report it would be apparent that the marriage took place in 1997. The allegation is that the brother-in-laws and the father-in-law demanded dowry and tortured the informant. Learned counsel for the petitioner submits that the husband is not made party in this case which speaks volume on the veracity of the allegations levelled against the petitioner and his other family members. It is submitted that a title partition suit has already been filed and it is for this reason that the brother-in-laws and the father-in-law have been harassed in this matter. Normally, this court should have issued notice and called upon the parties to answer the allegations. However, since charges have been framed and one witness has been examined, it would not be proper for this court to pass order and give a fixed 2 time to the prosecution to bring witnesses, if any. The court should also consider the probabilities of the allegations and the fact that a title partition suit is pending between the family members before passing a final order. This application is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)