IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39 of 2010 1. Soni Khatoon wife of Md. Umarderaj alias Uman, 2. Umer Mian alias Md. Umerderaj @ Uman son of Late Ajij Mian, 3. Md. Imteyaz Alam @ Md. Imteyaz Mian son of Md. Umerderaj alias Umer & 4. Md. Naushad alias Naushad son of Md. Imteyaz Alam All residents of village-Masai, P.S.-Rajauli, District- Nawada ...Petitioners Versus 1. THE STATE OF BIHAR & 2. Tabassum Khatoon, daughter of Md. Gani Mian, resident of village-Masai, P.S. Rajauli, District- Nawada …Opposite Parties ----------- For the petitioner : Mr. Bhaskar Shankar & Manish Kumar-3, Advocates For the OP No.2 : None For the State of Bihar : Mr. C. Jawahar, APP ----------- 3/ 28.07.2010 The petitioners seek quashing of the order dated 4.8.2009 passed by the Chief Judicial Magistrate, Nawada, in Rajauli P.S. Case No. 61 of 2008 by which he has taken cognizance for the offence under section 376 Indian Penal Code disagreeing with the final report. The opposite party no. 2 was noticed by order dated 20.4.2010, but even after having appeared through duly executed vakalatnama counsel for the opposite party no.2 failed to appear before this court today. The case of the complainant/information is that she was raped by one Md. Mumtaz, who happens to be the son of petitioner nos. 1 and 2, brother of petitioner no.3 and uncle of petitioner no.4. After the rape, when a Panchayati was called, the petitioners had agreed for the marriage of Md. Mumtaz with the informant/complainant, but they failed to honour the same and instead - 2 - demanded dowry. As stated above, chargesheet was submitted only against Md. Mumtaz, whereas, final report was submitted with regard to the present petitioners. Considering that from the narrative of the complaint there is no allegation against the petitioners of having committed rape or abetting the same, I am inclined to allow this application. In view of such, the order dated 4.8.2009 passed by the Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. case no.61 of 2008, is hereby quashed in so far as it relates to the petitioners only. Application stands allowed. JA/- (Anjana Prakash, J.)