IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50721 of 2008 ============================================= Nilam Devi, W/o Birendra Kumar Mishra, R/o Village- Harrakh, P.S. Begusarai Town, District-Begusarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ============================================= Appearance : For the Petitioner/s : Mr. Amit Kumar Mr. Pawan Kumar-1 For the Opposite Party/s : Mr. Shashi Dhar Jha ============================================= 2 24-11-2011 Heard learned counsel for the petitioner and learned counsel for the State. This application is filed for quashing the order dated 24.10.2008 passed by the learned Additional District and Sessions Judge-Ist, Begusarai in connection with Sessions Trial No. 758 of 2006. In brief, co-accused Birendra Kumar Mishra, husband of the petitioner is alleged for entering complainant’s house and making attempt to commit rape upon her. He was pushed in the meantime this petitioner allegedly came abused and attempted to catch. Thereafter, co-accused, Birendra Mishra attempted to blow his knife upon the complainant but witnesses came and both petitioner and her husband left the place on their arrival. Cognizance is taken for offence under Sections 376/511 and 323 of the I.P.C. Submission of learned counsel for the petitioner is that there is no allegation at all against this petitioner about committing the crime under any of the sections for which cognizance is taken. In its reply, it is submitted by the learned counsel for the complainant that the Trial is concluded and the case is ready for delivering judgment after hearing the parties and in evidence, allegation of assault and petitioner’s conspiracy in committing the offence under Section 376/511 of the I.P.C has appeared. I am convinced to the extent that the matter should be left to be considered by the Trial Court making it clear that witnesses may not be allowed to travel beyond the allegations made in the complaint petition for accepting their statement. Accordingly, the quashing application is disposed of. Shailendra Bhushan Prasad/- (Mandhata Singh, J.)