IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8838 OF 2008 RAMASHISH PRASAD VERMA, SON OF LATE LAKHAN VERMA, RESIDENT OF VILLAGE GANDHI TOLA SANSAR POKHAR, POLICE STATION AND DISTRICT LAKHISARAI VERSUS 1. THE STATE OF BIHAR 2. BIMLA DEVI, DAUGHTER OF SAHDEO SAO, WIFE OF BINOD SHARMA, RESIDENT OF VILLAGE MORRNA, POLICE STATION AND DISTRICT LAKHISARAI. AT PRESENT RESIDENT OF VILLAGE EKRAI, POLICE STATION ARIARI, DISTRICT SHEIKHPUA …………………………………………………………………….OPPOSITE PARTIES ********* 2 19/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 05.01.2007 by which cognizance has been taken under Section 498A of the Indian Penal Code against the petitioner who is said to be the husband of one Bimla Devi. Counsel for the petitioner submits that the petitioner is in the Indian Army and the lady i.e. Bimla Devi has denied the marriage with this petitioner vide Annexure 2/1 which is dated 05.04.2006 and the complaint was filed on 02.09.2006. The affidavit has the photograph of the said Bimla Devi. It is very odd that on 05.04.2006, the lady states that the petitioner is not her husband and thereafter a complaint is filed, the Court examined the complainant on S.A. and finds the case true. The 2 question arises is the lady who has deposed before the Court and the lady who has sworn Annexure 2/1, common or are they two different ladies. It appears that someone may have abused the process of this court and filed this complaint petition or it may also be that the petitioner has evolved a defence for himself. In any event, this Court thinks it proper that the Judicial Magistrate, 1st Class, Sheikhpura should make an enquiry with respect to this aspect of the matter and after making the enquiry, pass fresh orders. The order taking cognizance dated 05.01.2007 passed in Complaint Case No. 256 (C) of 2006 shall remain stayed until the Judicial Magistrate, 1st Class, Sheikhpura makes the enquiry with respect to the facts indicated above. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)