IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23791 of 2008 NANDANI KUMARI, WIFE OF SRI RAJ KUMAR RANJAN, RESIDENT OF MOHALLA SIKANDARPUR, P.S. MOJAHIDPUR, DISTT. BHAGALPUR. ------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. ASHOK KUMAR MANDAL, SON OF LATE PRABHU MANDAL, RESIDENT OF MOHALLA SHASTRI NAGAR, LANE NO. 4, P.S. KASIM BAZAR, DISTT. MUNGER. ------ OPPOSITE PARTIES. ----------- 3. 02.05.2011 Heard the parties. The petitioner who was the unmarried sister-in-law (deceased) has been summoned to face trial under Section 319 Cr. P.C. by an order dated 22.4.2008 passed by the Additional Sessions Judge 1st, Munger, in Sessions Trial No. 53 of 2005. It has been submitted that the petitioner was not named in the First Information Report as an accused and about her it was stated that she was present in the quarter where the daughter of the Informant had allegedly been assaulted but she refused to disclose anything when the Informant did not find his daughter in the quarter. During investigation also no cogent material has appeared against the petitioner and the chances of her conviction are remote. The counsel for the Opposite Party No. 2 is not in a position to refute this submission. The learned A.P.P. submits that on going through the case diary, there is no cogent material against the petitioner. In view of such, the application is allowed and the 2 order dated 22.4.2008 passed by the Additional Sessions Judge 1st, Munger, in Sessions Trial No. 53 of 2005 is quashed. S.Ali ( Anjana Prakash, J.)