IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17451 of 2007 1. KAMESHWAR PRASAD SINGH S/O LATE HARI NR. SINGH 2. GITA DEVI W/O SRI KAMESHWAR PD.SINGH 3. SARIKA SINGH D/O SRI KAMESHWAR PD. SINGH, ALL ARE PRESENTLY RESIDING AT MOHALLA- J-1, OFFICERS FLAT, NEW PUNAICHAK, PATNA-----------PETITIONERS Versus 1. THE STATE OF BIHAR 2. SMT. VIDYA DEVI D/O LATE RAGHAV THAKUR, W/O SRI KAMESHWAR KUMAR SINGH, RESIDING AT I-G, COLONY, BHAGWANPUR, PS- SADAR MUZAFFARPUR—OPP. PARTIES. ----------- 5 5.5.2009 Heard learned counsel for the parties. This application for quashing the order taking cognizance dated 12.3.2007 passed in Complaint Case No. 2380 of 2006 by the SDJM, (East) Muzaffarpur against petitioner no.1 is hereby rejected. He is however given indulgence that he can raise all the points which may be available to him at the time of framing of charge. The Court seems to be inclined to interfere with the order taking cognizance so for as petitioner nos. 2 and 3 are concerned as no allegation under section 498A of the I.P.C. can be said to be made out against petitioner no. 2, Gita Devi who is supposed to be the second wife and petitioner no. 3, Sarika Singh the daughter of petitioner no.1. The allegation is primarily against petitioner no.1. The order taking cognizance dated 12.3.2007 passed in Complaint Case No. 2380 of 2006 (Trial No. 2445 of 2007) by SDJM, (East) Muzaffarpur is quashed and the application stand allowed against petitioner nos. 2 and 3. RPS (Ajay Kumar Tripathi,J.)