IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2616 of 2008 PRITI KUMARI @ GURIA Versus THE STATE OF BIHAR & ANR 6 6.5.2010 KHAN Despite service of notice, no one appears on behalf of Opposite party no.2. The petitioner prays for quashing the order dated 11.10.2007 passed by the Sub Divisional Judicial Magistrate, Hilsa, Nalanda in Complaint Case No.269©/07 whereby he has taken cognizance against the petitioner. It is alleged that the husband of the complainant had married the petitioner. The petitioner submits that even assuming the prosecution case to be true, no case under sections 498(A), 323 and 494 of the Penal Code would be made out against her. Further more, the complainant has not made any allegation against the petitioner save and except giving her name in the list of the accused. He further submits that the allegation attributed against the petitioner that she is the second wife of the complainant’s husband is patently false. Counsel for the State is not able to controvert the aforesaid fact. In the circumstances, the impugned order dated 11.10.2007 passed by the Sub Divisional Judicial Magistrate, Hilsa, Nalanda in Complaint Case No.269©/07 so far as it relates to the petitioner is quashed. In the result, this application is allowed. (S.P.Singh,J)