IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.52812 of 2007
1. BIRENDRA KUMAR PANDWA @ BIRENDRA KUMAR S/O SHIV
NARAIN DAS
2. SRI SHIV NARAIN DAS, S/O LATE BUECHU DAS
3. MALIDA DEVI W/O SHIV NARAIN DAS
4. DEVANAND DAS S/O SHRI SHIV NARAIN DAS
5. RAVINDRA DAS @ RAVINDRA KUMAR S/O SRI SHIV NARAIN
DAS
--- PETITIONERS
Versus
1. STATE OF BIHAR
2. SRI DAS S/O JAGRUP DAS
--- OPP.PARTIES.
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05 31.08.2010 A supplementary affidavit has been filed which is taken on
record.
Heard.
Petitioners are aggrieved by the order taking cognizance under
diverse Sections of the Penal Code including Sections 406, 420/34 of
the Penal Code and Section 4 of the Dowry Prohibition Act. Learned
Magistrate, on the basis of the materials adduced on behalf of the
complainant in course of enquiry made under Section 202 of the Code
of Criminal Procedure Code, has found that there is/are a prima facie
case made out against the petitioners. This order was passed on
19.01.2007. The matter remained pending for more than three and half
years. By order dated 09.04.2010 a query was made about the stage of
the trial. Learned counsel for the petitioners is unable to state about
the stage of trial. In the supplementary affidavit there is no averment
with respect to the stage of trial. This Court finds that at no point of
time any interim relief was granted to the petitioners. Learned counsel
submits with reference to the different documents filed along with the
supplementary affidavit that the proposed ‘Samdhi’ of the complainant
was, during the relevant date and time, posted at a different place
where he was found working. It is next contended that the story made
out in the F.I.R.is not readily believable.
This Court finds from the impugned order that in course of
inquiry witnesses supported the prosecution case. The trial must have
commenced by now. Considering the aforesaid facts as also the scope
of the jurisdiction invoked by learned trial Court, I am not inclined to
interfere with the order.
The application is dismissed.
Sym ( Kishore K. Mandal, J.)