IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57478 of 2007 1. RAJAN SHARMA, S/O SRI TARA PRASAD SHARMA 2. PYARI DEVI, W/O MADHUSUDAN SHARMA Versus 1. THE STATE OF BIHAR 2. LAXMI DEVI, W/O RAJAN SHARMA **** /2/ 02.04.2010 Heard the counsel for the parties. 2. This application is directed against the order of cognizance, dated 22.01.207, passed in C.A. No. 1083 of 2008. The learned counsel for the petitioners submits that the cognizance has been taken against the husband and gotni. The learned Magistrate has neither taken cognizance nor call other accused for appearance under Section 204 of the Criminal Procedure Code though the allegation is same. However, from the complaint petition itself it appears that there is allegation against the husband and gotni whereas the allegation against other accused is not to be making out a case under Section 498A of the Indian Penal Code. As has been alleged the husband have some illicit relation with gotni of complainant and subsequent allegation is that the husband demanded and subjected the victim wife to cruelty on the abatement of gotni. Further allegation is that both husband and gotni on assault sent the victim to naihar. Hence, cognizance rightly taken against the husband and gotni and not against other accused in complaint. 3. I do not find any merit in this case. This application is dismissed. S.A. ( Gopal Prasad, J. )