IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31080 of 2009 Rakesh Kumar & Ors Versus State of Bihar ---------------------------------- 03. 19.12.2011 Heard Mr. Krishna Prasad Singh, learned Senior counsel appearing on behalf of the petitioners. The petitioners are aggrieved by the order dated 23.07.2009 passed by the learned Sub-Divisional Judicial Magistrate, Sadar Motihari in Complaint Case No. C-2266 of 2008, whereby the learned Magistrate has been pleased to take cognizance of the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned Senior counsel appearing on behalf of the petitioners raises a issue of jurisdiction and submits that no part of cause of action having arisen within the jurisdiction of the Court at Motihari, in the district of East Champaran, the order taking cognizance passed by the learned Magistrate is without jurisdiction. Learned counsel further submits that even on merits no case is made out as against these petitioners constituting an offence punishable under the provisions of the Indian Penal Code or the Dowry Prohibition Act. Having heard learned counsel appearing on behalf of the parties and upon consideration of the materials on record, the application is disposed of with the liberty to the petitioners to raise all issues as raised in the present application including the issue of jurisdiction, at the stage of framing of charge. S.Sb/- (Jyoti Saran, J.)