IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.905 of 2011 Sanjay Mahto @ Sanjay Prasad Versus The State Of Bihar & Ors ----------- 2/ 13-09-2011 Though the investigation is going on over averments whatever been made by the informant, Anirudha Prasad with regard to commission of dowry death of his sister, Kaushalya Devi leading to Nadriganj P.S. Case No.58 of 2004 under Sections 304B, 201/34, 120B of the IPC, contention of the petitioner is that as the victim so alleged deceased, Kaushalya Devi happens to be alive therefore, the prosecution be prosecuted for malicious prosecution and for that he had filed petition under Section 340 of the Cr.P.C. on 29.07.2011. The only grievance whatever he has happens to be keeping pending the aforesaid petition by the learned lower court. The State has objected and submitted that while the matter is still pending for investigation, no such prayer appears to be tenable. 2 Be that as it may, keeping pending a petition will certainly give a ground. So, the learned lower court without being influenced by order impugned will see the maintainability of the petition dated 29.07.2011 and will pass appropriate order at earliest date more preferably within three months on receipt of this order. perwez (Aditya Kumar Trivedi,J.)