IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41246 OF 2008 PRAVEEN KHATOON, WIFE OF MD. SHAMIM, RESIDENT OF VILLAGE SHARIFA, POLICE STATION CHHABILAPUR, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ********* 2 28/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 01.07.2008 passed in Sessions Trial No. 228 of 2008 (Biharsharif Police Station Case No. 384 of 1998 by which the Additional Sessions Judge, Fast Track Court No. V, Nalanda has taken into account that offences under Section 307 of the Indian Penal Code is made out against the petitioner. The allegation is that the In-laws of the victim girl and others threatened her with a pistol and said that she would be killed if she would not leave the house. It is further alleged that the husband tried to administer poison to her. All these acts of the accused persons would come within the purview of Section 498A of the Indian Penal Code rather than Section 307 of the Indian Penal Code. To constitute an offence under Section 307 of the Indian Penal Code, there must be some sort of an overt act before it can be said that an offence is made out 2 under Section 307 of the Indian Penal Code. Since the matter is pending before this Court since 2008, it would not be in the interest of justice to issue notices at this stage to the informant of this case, it would only delay the matter. Therefore, I leave this question open for the Court below to decide the issue after considering the ingredients of Section 498A of the Indian Penal Code. Accordingly, the impugned order is quashed subject to the fact that the trial has not commenced in this case. The Court below is directed to take a decision on the issues aforesaid within a period of three months from the date of receipt/production of a copy of this order. Counsel for the petitioner is directed to produce a copy of this order before the Court below within a period of one month from today, failing which this application shall stand dismissed. This application is allowed to the extent indicated aforesaid. Anand (Sheema Ali Khan, J.)