IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26090 of 1999 LAKSHMI DEVI W/O SRI SAROWAR SAH R/O VILLAGE-LAKSHMIPUR (BINDTOLI) P.S.SAHPUR KAMAL, DISTT-BEGUSARAI……………………………..….PETITIONER Versus 1. STATE OF BIHAR 2. SATYA BHAMA DEVI D/O RAM DAS GUPTA, R/O VILLAGE-MANANPUR P.S.CHANAN, DIST-LAKHISARAI…………………………………RESPONDENTS. ----------- For the petitioner:-Sri Mrigank Mauli, Adv. Sri Vinay Mistry, Adv. For the State:- Mrs.Veena Kumari Jaiswal, APP For the informant:- Sri Narsingh Tanti, Adv Sri Upendra Pd. No.2 ------------- 06-05-2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. 2. Petitioner is admittedly the first wife of co-accused, Sarowar Sah. The complainant has alleged various offences against her husband, Sarowar Sah as well as some others including this petitioner who is admittedly first wife of Sarowar Sah. The petitioner has challenged the order of cognizance dated 2.8.1999 passed by Sub Divisional Judicial Magistrate, Lakhisarai in case no. 197C/1999 for offence under Sections 498A, 420 and 494 of the IPC. 3. On behalf of the petitioner it has been submitted that petitioner has not married for the second time and hence offence under Section 494 and 420 can be confined only to co-accused, Sarowar Sah. It has further been submitted that even the allegations to make out a case under Section 498A are directed mainly against the husband of the petitioner, Sarowar Sah who is alleged to have played fraud and married the complainant again during the life time of the petitioner. 4. Learned counsel for the complainant fairly submits that the main allegations are directed against Sarowar Sah and not against - 2 - this petitioner. 5. In view of the aforesaid facts and discussions the summoning of the petitioner pursuant to the impugned order of cognizance is held to be improper and illegal. The criminal case against the petitioner only is quashed. The case should only proceed against the other accused in accordance with law. perwez (Shiva Kirti Singh,J.)