IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1047 of 2008 1. IMTIYAZ AHMAD 2. Seraj Mohammad @ Seraj Ahmad 3. Abu Mohammad 4. Abdul Hameed 5. Mozlima Khatoon Versus 1. The STATE OF BIHAR 2. Ruksana Khatoon ------ 2/ 03.05.2010 Heard. This revision application is filed against the order dated 19.07.2008 passed by the S.D.J.M., Bagaha, West Champaran whereby and whereunder he rejected the application dated 07.06.2008 for discharge from the charges arising out of Complaint Case No. 218(c) of 2005 and Tr. No. 1106 of 2008. Referring the marriage in the year 1993, Ruksadi in 1998 and filing of case in the year 2005, alleging torture for non- fulfillment of an amount of Rs. 2,00,000/- in dowry filing of restitution case by the husband refusal to discharge is questioned by filing this revision petition. Really, there is vague and general allegation against all the family members and one of them, petitioner no.4 is uncle of the husband. In Mohammadan family, there is presumption of separation in between brothers. So, basing the vague and general allegations, accusation (framing of charge) against petitioner no.4, Abdul Hameed appears not justified. In such circumstances, the application is partly allowed and the petition for discharge from charges of petitioner no. 4 is hereby allowed only. Accordingly, petitioner, Abdul Hameed is discharged of the accusation levelled against him. 2 The order dated 19.07.2008 passed by the S.D.J.M., Bagaha, West Champaran in Complaint Case No. 218 (c) of 2005, Tr. No. 1106 of 2008 is hereby set aside with regard to petitioner no.4 while affirmed for rest of the petitioners. Other doubts raised for rest of the petitioners can be taken at appropriate stage. shail (Mandhata Singh, J.)