IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36905 of 2009 SMT.KIRAN RAMAN, DAUGHTER OF SRI SURENDRA KUMAR, RESIDENT OF MOHALLA AAM GOLA, MALIN GALI, P.S. KAZI MOHAMMADPUR, DISTRICT MUZAFFARPUR.--- PETITIONER Versus 1. THE STATE OF BIHAR. 2. SWETA SRIVASTAVA @ ROZI, DAUGHTER OF SRI RAM LALA PRASAD, RESIDENT OF BISHUPUR SRI RAM, P.S. SAKRA, DISTRICT MUZAFFARPUR, PRESENTLY RESIDING AT KANHAULI, 4D, BABAN BIGHA, P.S. MITHANPURA, DISTRICT MUZAFFARPUR. --- OPPOSITE PARTIES For the petitioner :- Mr. N.K. Agrawal, Sr. Advocate Mr. Sanjiv Sharan, Advocate Mr. Sanjay Kumar Mishra, Advocate For O.P. No. 2 :- Mr. Mahendra Thakur, Advocate ----------- 3 24.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The complaint petition has been filed making omnibus allegations against all the family members. Counsel for the opposite party no. 2 claims that this petitioner lives in her mother’s house and is instrumental in instigating the others to torture the petitioner. However, this fact was neither mentioned in the complaint petition nor in the enquiry held in this case. The main allegation of torture, assault and demand is at Delhi mainly against the husband, mother-in- law and father-in-law whereas it is said that she was thrown out of her house in September, 2008 from Muzaffarpur. Considering that there is no direct specific allegation against the petitioner, I find that the order taking cognizance under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act would not be applicable to this petitioner. 2 In the result, the order dated 19.2.2009, passed by the Sub-divisional Judicial Magistrate (East), Muzaffarpur in Complaint Case No. C2781 of 2009 is quashed so far as this petitioner is concerned. This application is thus allowed. Sanjay (Sheema Ali Khan, J.)