Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39531 of 2009 ====================================================== Nisha Devi @ Nisha Kumari & Ors .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhola Prasad, Adv. For the Opposite Party no.2 : Mallika Mazumdar, Adv. For the State : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 5 03-09-2012 Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and learned counsel for the State. Allegation against the petitioners and one Dhirendra Kumar is that they abused opposite party no.2, assaulted her, took her thumb impression on blank stamp paper and committed theft of ornaments and cash. Submission is that petitioner no.1 is daughter-in-law of opposite party no.2. Earlier to the instant case, a case under [STATUTE] and another for restitution of conjugal right was filed on behalf of petitioner no.1. Petitioner no.1’s husband disappeared in conspiracy with opposite party no.2 as if he were accompanying petitioners. This case is lodged only Patna High Court Cr.Misc. No.39531 of 2009 (6) dt.03-09-2012 2 / 2 2 in retaliation of petitioner no.1’s case. Husband of petitioner no.1 may be in conspiracy either with his mother or with petitioner no.1. This is not the stage to doubt or to accept so, it can be raised at appropriate stage including the stage of framing of the charge. With the aforesaid observation this quashing application is disposed of. sudip/- (Mandhata Singh, 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.