Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44359 of 2009 ====================================================== 1. Vijay Kumar S/O Late Mahadeo Prasad R/O Mohalla- Adarash Nagar, Dalluchak, P.S.- Khagaul, Distt.- Patna. 2. Krishna Kumar @ Krishna Prasad S/O Late Mahadeo Prasad R/O Mohalla- Adarash Nagar, Dalluchak, P.S.- Khagaul, Distt.- Patna 3. Neelam Prakash @ Neelam Devi W/O Sri Krishna Kumar R/O Mohalla- Adarash Nagar, Dalluchak, P.S.- Khagaul, Distt.- Patna 4. Dhurkheli Singh S/O Late Ramnath Singh R/O Mohalla- Navneet Housing Colony, Hanuman Nagar, P.S.- Kankarbagh, Town And Distt.- Patna 5. Nirmala Singh W/O Sri Dhurkheli Singh R/O Mohalla- Navneet Housing Colony, Hanuman Nagar, P.S.- Kankarbagh, Town And Distt.- Patna 6. Panna Lall S/O Late Bhagwan Das R/O Mohalla- Maisani Total, P.S.- Malsalami, Distt.- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Smt. Leela Devi W/O Sri Vijay Kumar, D/O Late Chitramal Singh At Presently Residing At Mohalla- Chirayantand, (Devi Ashtan-Ranjan Sweet House), P.S. Jakkanpur, Distt.- Patna .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 29-03-2012 Heard Sri Upendra Kumar Singh, learned counsel for the petitioners and Smt. Renu Kumari, learned Additional Public Prosecutor. Petitioners, invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure have prayed for quashing of an order dated 05.09.2009 passed in Complaint Case No. 1633(C) of 2000 whereby petition filed on behalf of the petitioners under Section 245 of the Code of Criminal Procedure was rejected. The case is for the offence under [STATUTE] . Patna High Court Cr.Misc. No.44359 of 2009 (2) dt.29-03-2012 2 / 2 2 It was submitted by learned counsel for the petitioners that there is no material on record to frame charge against the petitioners even then the learned court below has rejected the discharge petition. I have perused the impugned order. From the impugned order it is evident that before charge five witnesses were examined and the learned court below after examining the materials available on record has found that prima facie case is made out which is sufficient for framing of charge and as such the learned Magistrate has rejected the petition. I do not find any defect in the order. The petition stands dismissed. Praful/- (Rakesh Kumar, 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.