IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41597 of 2008 James Lazarus Versus State Of Bihar & Anr ----------- 02. 26.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. This is an application for quashing the order dated 03.01.2008 passed by S.D.J.M., Bagaha, West Champaran in Complaint Case No.707C of 2005 whereby and whereunder learned court took cognizance under Section 498A of the I.P.C. Torture for demand of dowry (a motorcycle) is said improbable on the ground that husband was earning about Rs.25,000/- (twenty five thousand) a month marriage was love marriage and complainant’s father filed a petition about desertion by the complainant herself. Earning of the husband may never make demand on his behalf improbable. At the stage of cognizance in complaint case, If any, material (evidence) comes to favour the accused adduced on behalf of complainant is not admissible. Further in love marriage there may be no torture for demand, may also not be said improbable when there is definite allegation that torture was caused for demand of dowry. The allegation leveled in the complaint petition constitutes the offence under section 498A of the I.P.C. So, no question arises about quashing of the cognizance order. 2 Accordingly, this quashing application is dismissed. Vikash (Mandhata Singh, J.)