IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8852 of 2008 1. SULEKHA DEVI 2. GULIA DEVI 3. RITA DEVI …PETITIONES Versus 1. THE STATE OF BIHAR 2. BASANTI DEVI …OPPOSITE PARTIES For the petitioners :Mr. Rajendra Kishore Prasad For o.p. :Mr. Arun Kumar Jha For the State :Mr. Jharkhandi Upadhyay,APP ----------- 03. 07.10.2010 Heard counsel for the parties. Petitioners are married sisters-in-law of the complainant. They assail the order dated 01.02.2008, passed by learned S.D.J.M. Supaul in Complaint Case No.685(C)/2007 (Basanti Devi vs. Prakash Mehta and Ors.), whereby cognizance under sections 498A and 34 IPC has been taken against them. Counsel for the petitioners, while assailing the sustainability of the order, submits that petitioners are married sisters-in-law. They reside separately at their respective Sasural (matrimonial homes). Present allegation has been made against them in order to settle the scores out of grudge. It is the contention of the petitioners that their implication is the result of malicious prosecution. It is contended that allegations against them are general and omnibus. Learned counsel appearing on behalf of the opposite parties, on the other hand, submitted that there is allegation attributed to the petitioners as well in the complaint which found support in course of enquiry. He draws attention of the Court to 2 the averments made in paragraphs 1, 7 and 8 of the complaint. Learned court below has recorded his satisfaction about the presence of a prima facie case based on materials brought on record in course of enquiry made under section 202 Cr.P.C. Considering the confines of the jurisdiction invoked by learned court below, this Court is not persuaded to allow this application. It will, however, be open to the petitioner to raise/agitate the aforesaid grievance(s) at the appropriate stage of the proceeding. The application is dismissed with the liberty aforesaid. ge hr ( Kishore K. Mandal )