IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.76 of 2010 PRATIKSHA DEVI @ BENU TIWARY Versus ASHUTOSH DUBEY & ORS ----------- 04. 11.03.2011. Heard Sri Suraj Narain Prasad Sinha, learned senior counsel appearing for the appellant in respect of the petition which seeks the Special Leave to Appeal against the judgment and order of acquittal dated 13th of August, 2010 passed by Sri Deepanshu Srivastava, Judicial Magistrate, Ist Class, Banka in Complaint Case No.560 of 1999, Trial No.2807 of 2010. The charges were under Sections 498A and 323 of the IPC. The allegation was that just after having entered into the matrimonial house, the complainant was assaulted and she was forced to go out of it as a result of which she came to her father’s house. On 15.6.1999, the father of the complainant and others went to the house of the respondents seeking to make some reconciliatory efforts but that failed on account of a blunt refusal coming out of the respondents’ mouth. It was also given out that if an 2 amount of Rs.2.5 lacks was not paid then the father of the complainant ought to arrange the marriage of his daughter to some other boy. The learned trial Magistrate has considered the evidence of the prosecution and analyzed it in paragraphs 21 to 24 of his evidence. Besides, recording his findings on after analyzing and considering the evidence of the witnesses the trial Judge has noticed seven events and dates which were emanating from the evidence of witnesses. The learned trial Magistrate was finding the evidence on valid marriage deficient, likewise, the evidence on assault of the complainant, i.e., the victim lady was also found not sufficient and acceptable and on that account and also on account of some conflicting statements made by the witnesses on some material dates he was recording a finding of charges not being established to the guilt. This court after having heard the learned senior counsel appearing for the appellant-complainant and the learned counsel appearing for the respondents accused upholds the findings recorded by the learned trial 3 Magistrate and in that view finds it utterly unnecessary to grant special leave to appeal. There is no merit in the present petition and as such the petition seeking special leave to appeal is hereby dismissed on its merits. B.Kr. ( Dharnidhar Jha,J.)