IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48875 of 2008
Bimla Lal
Versus
1. The State Of Bihar
2. Lalita Devi
-------------------- Opposite Parties
-------------
3 29.9.2011 Heard counsel for the parties.
Petitioner has been made accused in a
case for the offence under section 498A IPC.
Allegation against petitioner is that
complainant’s husband came in her contact,
developed illicit relation and thereafter
started to avoid taking care of complainant
rather started to torture without referring the
overt act that was physical. No doubt a single
instance has been alleged that is for fee of
her son in the year 2007 when complainant went
to the working place of her husband, reported
of her difficulties towards maintenance of
family members and son but was abused by her
husband, dashed her from his quarter rather
assaulted with threatening and allegation
against this petitioner is that she also
assisted him exhorting to leave the place.
Without doubting the relation of petitioner
with complainant’s husband, allegation leveled
against this petitioner is directly on the
2
point of overt act to complainant on 30.3.2007
does not justify to accept her as an accused.
So cognizance for the offence under section
498A is also not proper against this
petitioner.
Accordingly, quashing petition is
allowed and order dated 5.7.2008 taking
cognizance against the petitioner only in
Complaint Case No. C699 of 2007 is set aside
(quashed).
AI ( Mandhata Singh, J.)