IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3117 of 2011 MD. ABRAR @ RAJA & ANR. Versus THE STATE OF BIHAR & ORS. ----------- 2. 28.1.2011 After having heard Shri Md. Fahimuddin, learned counsel for the petitioners and having perused the written report which is the basis of the F.I.R. of Phulwaria P.S.Case No. 28 of 2009 and also the order of cognizance and summoning dated 15.2.2010 passed by the Chief Judicial Magistrate, Begusari, what I find is that the Chief Judicial Magistrate has wrongly taken cognizance also of the offence under Section 498A of the Indian Penal Code. If the Chief Judicial Magistrate could have considered the F.I.R. carefully and in that light the materials which could have been placed before him, he could not have been convinced to order summoning of the petitioner also for committing an offence under Section 498A of the I.P.C. The story of torture of the sister of the informant and that being the motive for commission of the offence was not the fact constituting the offence. In that view, the order taking cognizance also of offence under Section 498A of the I.P.C. is hereby quashed leaving the other part of the order intact. The petition is partly allowed in the above terms. Kanth ( Dharnidhar Jha, J.)