IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48875 of 2008 Bimla Lal Versus 1. The State Of Bihar 2. Lalita Devi -------------------- Opposite Parties ------------- 3 29.9.2011 Heard counsel for the parties. Petitioner has been made accused in a case for the offence under section 498A IPC. Allegation against petitioner is that complainant’s husband came in her contact, developed illicit relation and thereafter started to avoid taking care of complainant rather started to torture without referring the overt act that was physical. No doubt a single instance has been alleged that is for fee of her son in the year 2007 when complainant went to the working place of her husband, reported of her difficulties towards maintenance of family members and son but was abused by her husband, dashed her from his quarter rather assaulted with threatening and allegation against this petitioner is that she also assisted him exhorting to leave the place. Without doubting the relation of petitioner with complainant’s husband, allegation leveled against this petitioner is directly on the 2 point of overt act to complainant on 30.3.2007 does not justify to accept her as an accused. So cognizance for the offence under section 498A is also not proper against this petitioner. Accordingly, quashing petition is allowed and order dated 5.7.2008 taking cognizance against the petitioner only in Complaint Case No. C699 of 2007 is set aside (quashed). AI ( Mandhata Singh, J.)