IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37551 of 2008 Ranju Devi, wife of Kumar Hira Prabhakar, Mohalla Koshi Chauk, Saharsa, PS and District Saharsa – Petitioner. Versus State Of Bihar ----------- 2 19.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 10.6.2008 passed in Saharsa (Sadar) PS Case No. 146/2006 by the C.J.M., Saharsa by which cognizance has been taken against the petitioner. The petitioner was accused in a case under sections 304B/34 of the Penal Code along with her two sons and husband. One of his son was married to the victim lady who is said to have died during the occurrence. Kumar Hira Prabhakar i.e. the father- in-law, Kumar Smit Shankar Singh, the husband of the victim lady and Mantu Kumar, son of Kumar Hira Prabhakar had faced trial. The Additional Sessions Judge, FTC I, Saharsa by his order, dated 18.7.2008 has found that the prosecution has not been able to prove the charges against the accused persons under section 304B of the Penal Code. All the accused persons were acquitted. The petitioner who is the mother-in-law of the victim lady has now been summoned to face trial. Once the court has come to the conclusion that the case is not proved against the husband and other family members, it would amount to waste of time and the mere fulfillment of formality to ask the petitioner to 2 face trial in view of the fact that it is said that the cause of death of the victim lady could not be ascertained.. The impugned order is hereby quashed and this application is dismissed. haque ( Sheema Ali Khan, J.)