IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44876 of 2008 Ashok Kumar Hazra, son of Shyam Lall Hazra, Mohalla Rajiv Nagar, Road No. 23/L, Amrud Bagicha, PS Digha, District Patna – Petitioner. Vs. 1. The State of Bihar, 2. Indu Devi, wife of Ashok Kumar Hazra, Mohalla Bihari Sao Lane, PS Pirbahore, District Patna – Opposite parties. 2 17.9.2009 In this application, the petitioner has challenged the order, dated 30.7.2007 passed by the Subdivisional Judicial Magistrate, Patna in Complaint Case No. 1421C/2007 by which cognizance for the offences under section 498A of the Penal Code and 3/4 of the Dowry Prohibition Act has been taken. Learned counsel for the petitioner submits that the petitioner had filed a case for restitution of conjugal rights and by judgment passed in Matrimonial Case No. 335/2007, the Principal Judge, Family Court, patna directed that the opposite party, that is, the wife of the petitioner should resume conjugal relationship with her husband. The decree was ex parte. It is submitted that despite the best efforts of the petitioner, opposite party is not appearing in this case and refused to comply with the court’s order inasmuch as even after the direction to go to her husband’s home, she did not appear before the Subdivisional Judicial Magistrate. In the circumstances this court has no option but to reject the prayer for quashing the order, dated 30.7.2007. This application is accordingly dismissed. haque (Sheema Ali Khan, J.)