Chhedilal Prasad @ Chhedilal Prasad Chourasia And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16909 of 2015 Arising Out of PS. Case No.-3426 Year-2013 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

Chhedilal Prasad @ Chhedilal Prasad Chourasia Son of Late Ram Prasad Chourasia 2.

Yashoda Devi wife of Chhedilal Prasad Chourasia 3.

Dilip Kumar, son of Chhedilal Prasad Chourasia 4.

Ajay Kumar son of Chhedilal Prasad Chourasia All are permanent resident of Mohalla - Shanti Nagar, behind Durgasthan, Post and Police Station - Katihar, District - Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushboo Chourasia wife of Sanjay Kumar, daughter of Dinesh Prasad Chourasia residing at Pokharbasti, Ward No. 15, Police Station - Forbesganj, District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Prakash For the Opposite Party/s :

Mr. Md.Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-05-2019 Nobody appears on behalf of the petitioners.

However, learned advocate for the State is present. The petitioners have challenged the order dated 21.05.2014 passed by the learned Sub-Divisional Judicial Magistrate, Araria in Complaint Case No. 3426C

Patna High Court CR. MISC. No.16909 of 2015(2) dt.16-05-2019 2/3 of 2013 whereby cognizance has been taken against the petitioners under Section 498(A) of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. In the absence of the learned counsel for the petitioners, this Court is not at all aware about the stage of the case.

In any view of the matter, after going through the order impugned and the materials brought forth on record, this Court is not inclined to interfere with the order of cognizance.

However, if the petitioners have not already preferred a petition for discharge, they may do so before the Court below, in which event, the Court below shall look into the entire set of facts and pass a reasoned order in accordance with law without being prejudiced by the fact that the present petition has not been entertained. In the event of the trial having commenced, this Court can only direct the Trial Court to conclude the trial as early as possible.

Patna High Court CR. MISC. No.16909 of 2015(2) dt.16-05-2019 3/3 The petition is disposed of with the aforesaid observation.

(Ashutosh Kumar, J) Shageer/- U T