IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39859 of 2009 1. RAJENDRA KUMAR RAI @ RAJENDRA YADAV son of Bhagwan Rai 2. Bhagwan Rai, S/o Late Ram Ashray Rai 3. Mira Devi, W/o Bhagwan Rai 4. Rekha Kumari, D/o Bhagwan Rai 5. Chinta Kumari D/o Bhawan Rai All are resident of Village- Shivan Rai ke Tola, P.S. Bairia, District- Balia (U.P.) Versus 1. STATE OF BIHAR. 2. Urmila Devi w/o Rajendra Yadav D/o Paras Yadav R/o Village Shivan Rai Ke Tola, P.S. Bairia, District- Balia at present Village- Ghorhat, Majhaulia, P.S. Manjhi, District- Saran ----------- 3. 6.4.2010 Heard learned counsel for the petitioners, for the State as also for opposite party no. 2. Questioning the prosecution of the petitioners under Sections 498A and 323 of the Penal Code and Section ¾ of the Dowry Prohibition Act in Complaint Case No. 1709 of 2005 including cognizance dated 7.3.2007, pending before the S.D.J.M., Saran at Chapra, the short question is that even as per allegation read as they are, the Court at Chapra had no territorial jurisdiction as the entire occurrence is alleged to have taken place in Balia District- Uttar Pradesh as reinforced in Paragraph-10 of the pleading itself. Learned counsel for the opposite party no. 2 sought to persuade this Court that the demand of dowry was raised at the time of wedding itself in the town of Chapra. 2 This Court is not satisfied from the submission of the opposite party no. 2 that it shall be sufficient to vest jurisdiction in the Court at Chapra when a simple statement has been made that at the time of wedding a gold chain and ring were asked for which the father of the opposite party no. 2 stated that he would give subsequently. This Court, therefore, holds that the present prosecution is not maintainable before the Court at Chapra. It is quashed on that ground alone. If the opposite party no. 2, is so advised, the complaint may be returned to her for presentation before the competent Court where it is required to be registered afresh and proceed in accordance with law. The application stands allowed. P. Kumar (Navin Sinha, J.)