IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3566 of 2007 SHANTI DEVI & ORS Versus STATE OF BIHAR & ANR ----------- 7. 12.5.2008. This application under Section 482 Cr. P. C. has been filed to quash the order dated 3.1.2007 passed by S.D.J.M., Hilsa in Hilsa P. S. Case No. 115 of 2005 thereby the petition filed by petitioners under Section 239 Cr.P.C. has been rejected. Heard. Out of four petitioners, petitioners no. 2 and 3 are married nanad they are residing at different places. Main allegation of demand of dowry, torture etc. is against the husband and his family members. Admittedly, petitioners no. 2 and 3 being married nanad have no concern with the family of husband of the victim lady. It is submitted that they have been falsely implicated in this case in order to harass them. Prosecution of petitioners no. 2 and 3 is mala fide and out and out misuse of the process of the Court. So far as the case of petitioners no. 1 and 4 is concerned, they are mother-in-law and devar of victim lady. They have claimed discharge on the ground that they are separate from the husband of victim lady. In my opinion, effect of separation, if any, can be considered during the trial. At this stage, discharge of petitioners no. 1 and 4 on this score would not be proper. Thus, having regard to the facts and circumstances of the case, this application is allowed - 2 - in part. Impugned order dated 3.1.2007 passed by S.D.J.M., Hilsa in Hilsa P. S. Case No. 115 of 2005 is, hereby, quashed but in respect of petitioners no. 2 and 3 only. The trial shall proceed against rest of the accused persons. kanchan (Ghanshyam Prasad, J.)