IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45393 OF 2008 MD. IBRAHIM, SON OF MD. JALAL, RESIDENT OF VILLAGE ISLAMPUR (KACHORA), POLICE STATION KADWA, DISTRICT KATIHAR VERSUS 1. THE STATE OF BIHAR 2. ZIYARUN KHATOON, DAUGHTER OF MD. JAMIRUDDIN, RESIDENT OF VILLAGE SINGHALPUR, POLICE STATION KADWA, POST OFFICE SOHAILI, DISTRICT KATIHAR ********* 2 04/08/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the order dated 28.10.2005 passed in Complaint Case No. 2689 of 2004 by which the Sub Divisional Judicial Magistrate, Katihar has taken cognizance for the offences alleged to have been committed under Section 376 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The short facts of the case are that the petitioner entered into the physical relationship with the complainant. She claims that the petitioner promised to marry her. However, after sometime, he started demanding a sum of Rs. 20,000/- as dowry. The complainant also states that she is carrying a pregnancy of about six months because of the physical relationship between them at the time of filing the complaint. 2 Learned Counsel for the petitioner submits that no case is made out under Section 376 of the Indian Penal Code, rather this is a case under Section 420 of the Indian Penal Code. At most, even if it is presumed that the facts stated in the complaint petition are true, then it would amount to a case of cheating rather than of rape. It has been held by this Court in catena of cases that where there is a prolonged relationship between two parties, then it would not amount to rape. If the relationship has been nurtured with a promise to marry, then at most, an offence under Section 420 of the Indian Penal Code would be made out against the person concerned. As far as the allegation of demand of dowry is concerned, the complainant has to prove this allegation, beyond all reasonable doubts, before it cannot be said that the petitioner is guilty under Section 3/4 of the Dowry Prohibition Act. Learned Counsel for the petitioner submits that the matter is pending before the Court below at the stage of pre-charge evidence. He further submits that the lady in question is now married to somebody else. This application is disposed of with the observations aforesaid and the liberty to the petitioner 3 to produce a copy of this order before the Court below at the stage of framing of the charges or file a discharge application along with a copy of this order. Anand (Sheema Ali Khan, J.)