IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25944 of 1999 1. KISHUNI DEVI W/O PUNCHAM SONKER R/O MOHALLA-MAHMOOD GANJ, P.S.SIGRA, DIST-VARANASI. 2. REKHA DEVI W/O RAMBALI AND D/O NANDU SONKER, C 33/80 CHINTPUR, SIGARA, VARANASI…………………..…….PETITIONERS Versus 1. STATE OF BIHAR 2. SMT. SUSILA DEVI W/O NATHU SONKAR R/O MOHALLA- CHALANIA, RAMESWAR GANJ, P.S.SASARAM, DIST- ROHTAS………………………………………………OPPOSITE PARTIES. ----------- For petitioners:- Mr. Shivajee Pandey, Sr. Adv. Mr. Nalin Vilocham Tiwary, Adv. For State:- Mr. Damodar Tiwary, APP For O.P. No.2:- Mr. Krishna Pd Singh, Sr. Adv. ------------- 6. 03-May-2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for complainant, O.P. No.2. Both the petitioners are ladies and it has been claimed that petitioner no.1 is maternal aunt of complainant and petitioner no.2 is her married Nanad. It has been submitted that a perusal of the complaint petition does not show any specific allegation against these two petitioners who have been made accused no.6 and 9 respectively. A perusal of the complaint petition discloses that in paragraph-3 along with others Nanad is mentioned as - 2 - one of the persons who pressurized the complainant to fetch Rs.50,000/- by way of dowry from her parents. In paragraph-4 there is allegation that the husband and some other male persons tied the complainant and lady accused persons allegedly threw kerosene oil but complainant’s children raised hue and cry and on that persons arrived and saved her. In paragraph-5 there is further allegation that all the accused persons deprived the complainant of all her belongings and sent her to her parental house. In view of the allegations noticed above, it cannot be held that the Magistrate erred in summoning the petitioners after an order of cognizance was passed taking cognizance of the offence alleged. Whether the allegations are sufficient for framing charges against these two petitioners, particularly, in view of their status and distant relations may be considered by the court below at appropriate stage including at the stage of charge. With this observation, this application is dismissed. perwez (Shiva Kirti Singh,J.)