IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38815 of 2008 Bechan Yadav, Son of Sri Ramdev Yadav, Resident of village Faltapur, PS Bahadurpur, District Darbhanga ---- Petitioner Versus State Of Bihar --- Opposite Party ----------- 2 21.7.2011 The petitioner has been implicated on the basis of a supplementary case diary. It has been submitted that the petitioner is not the son of Kairu Yadav and is resident of village Fatehpur i.e. the place where the informant resides. In the circumstances, it is submitted that it is difficult to believe that the petitioner would be involved in a case under Section 304B of the Indian Penal Code when he is not a resident of the place where the occurrence took place. I accordingly, quash the order taking cognizance dated 16.7.2008 passed in Bahadurpur PS Case No. 25 of 2004 and direct the Chief Judicial Magistrate, Darbhanga at Leheriasarai to consider the role of the petitioner in the said occurrence considering that he is not the resident of the village where the victim lady resided and is not in any manner related to the in-laws of the victim lady. The office is directed to send a copy of this order to the Court of the Chief Judicial Magistrate, Darbhanga at Leheriasarai by FAX with respect to Bahadurpur PS Case No. 25 of 2004. It is further clarified that if the trial has commenced or that the charges have been framed in this case then, this order will 2 have no meaning and this application shall stand dismissed. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)