Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3954 of 2009 ====================================================== Nilam Devi @ Nilam Kumari, wife of Ram Ratan Prasad @ Ramratan Singh, resident of Barhi (Barhi Gaya Road), P.S. Barhi, Distt. Hazaribagh. At present residing at D-214, Vibhuti Khand, Gomtinagar, Lucknow (U.P.). .... .... Petitioner/s Versus 1. The State of Bihar 2. Anamika Devi, wife of Sri Subhash Kumar Arya, resident of village Barhi (Barhi Gaya Road), P.S. Barhi, Distt. Hazaribagh. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amir Alam, Adv. Mr. Pawan Kumar-1, Adv. For the State : Mr. U.S. Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 24-04-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 22.8.2008 passed by the Judicial Magistrate, 1st Class, Nalanda at Biharsharif, in Complaint Case No. 339 of 2006 by which he has taken cognizance under [STATUTE] . The case of the Complainant is that she was married with the brother of the petitioner on 22.5.2002 but she was constantly tortured for ends of dowry and thereafter she was sent to her maternal home. The Complainant alleged that the petitioner who was her sister-in-law had been married much Patna High Court Cr.Misc. No.3954 of 2009 (4) dt.24-04-2012 2 / 3 2 earlier but since her husband had left her, she was living in her Naihar where the Complainant was residing. The Petitioner submits that she was married in the year 1992 and ever since then she has been residing with her husband in Lucknow where her husband was working as a Postman and in support of the same, she had produced the Ration Card. The Petitioner further submits that she was not living in her maternal home and, therefore, there was no occasion for her to have participated in torture of the Complainant. Notices were issued to the Opposite Party No. 2 but despite service of notice, she has refused to appear before this Court. Having gone through the Complaint, I am inclined to allow this petition on the simple point that the Petitioner is the married sister-in-law of the Complainant who used to reside in Lucknow as is evident from the document annexed as well as the description of her address in the present petition and, therefore, it is unlikely that she would have tortured the Complainant. In all probability she has been arrayed an accused to wreak vengeance on rest of the family members. In view of such, the order dated 22.8.2008 passed by the Judicial Magistrate, 1st Class, Nalanda at Bihar Sharif in Patna High Court Cr.Misc. No.3954 of 2009 (4) dt.24-04-2012 3 / 3 3 Complaint Case No. 339C of 2006 is hereby quashed so far as it relates to the petitioner only. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.