IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35812 of 2008 Pratima Kumari @ Pratima Devi, daughter of Vijay Yadav alias Jatahi Yadav, village Lakhawar, PS Ghosi, District Jehanabad – Petitioner. Versus State Of Bihar ----------- 2 15.7.2011 Heard learned counsel for the petitioner, the counsel appearing on behalf of the State and the informant. This application has been filed for quashing the order, dated 5.6.2008 passed in Tr. No. 1360/2008, arising out of Makhdumpur PS case No. 60/2007 by the Chief Judicial magistrate, Jehanabad has rejected the petition filed by the petitioner under section 239 Cr. P. C. The petitioner is said to be the second wife of Shambhu Kumar. The first wife, namely, Sujata Kumari had filed a complaint case alleging that her husband and other family members have been ill treating her and demanded dowry. It is said that she was thrown out of the house on 15.2.2007. It is further specifically mentioned in the complaint petition that her husband remarried on 21.2.2007 with this petitioner. The petitioner has filed an application for discharging her from the offences under sections 498A and 494 of the Penal Code. It is quite clear that as far as this petitioner is concerned, she had not entered the family and as such it cannot be alleged that she had tortured Sujata Kumari for dowry. Even according to the case of the complainant it would appear that this lady had entered the house on 21.2.2007 after the complainant was thrown out of her 2 husband’s house. The offence under section 494 of the Penal Code envisages that whoever had a living husband or wife marries again during the life time of husband and wife, would be guilty of the offence under section 494 of the Penal Code. It is quite clear from the reading of section 494 of the Penal Code that this petitioner would not be tried under the aforesaid section as there is no allegation that she was earlier married to any other person. The offence under section 494 of the Penal Code is not made out against the petitioner. I accordingly quash the prosecution and the order, dated 5.6.2008 as aforesaid as far as it concerns the petitioner. This application is allowed. haque ( Sheema Ali Khan, J.)