IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25131 of 2007 Md. Firoz @ Pappu, Son of Nasiruddin, Resident of Mohalla- Phulwarisarif, Chauraha, P.S. Phulwarisarif, District-Patna. -------- Petitioner Versus 1. The State of Bihar. 2. Saghufta Prabin, W/o Md. Firoz @ Pappu, Resident of Mohalla- Alamganj, Pathantoli, P.S. Alamganj, District Patna. ------- Opposite Parties ----------- 5 30.7.2009 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner for quashing of the prosecution under Section 498(A), 323, 406 & 504 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act on the ground that the petitioner, the alleged husband, was himself kidnapped and forcibly compelled to enter into a marriage, can be a very good defence in the complaint case being faced by him but that cannot be a ground to quash the order taking cognizance. Since the learned Magistrate has not only considered the averments making out prima- facie case against the petitioner, the husband under Section 498(A) of the I.P.C. but also in this regard had drawn satisfaction from the statement of the witnesses examined in course of enquiry under Section 202 of the Code of 2 Criminal Procedure, there would be no scope for this Court to hold a mini trial for examining the correctness of the order taking cognizance. Accordingly, this Court would not find any merit in this application and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)