IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1445 of 2008 URMILA DEVI Versus STATE OF BIHAR & ANR --------- 5 19.03.2009 Heard learned counsel for the petitioner as well as the State. The petitioner has come against the order dated 25.11.2008 by which learned trial court dismissed the application of petitioner for discharging her from the offence under Sections 498(A), 323, 307, 379 of the Indian Penal Code as well as 3/4 of the Dowry Prohibition Act. The petitioner submits that she happens to be maternal aunt of the victim girl and as the residence of the husband of the victim girl was very close to her house, she and her family members have also been implicated in this case. She further stated that in any view of the matter no case under Section 307 of the Indian Penal Code would be made out against her. Learned counsel submits that the averment made in para 14 of the FIR arising out of Complaint Case No. 630 of 2000 do not stand supported from even evidence of the informant in her statement or that of any of her family - 2 - members. Counsel for the informant submits that father and mother have alleged that all accused persons assaulted her and also used to torture her. After having heard learned counsel for the parties this Court is not inclined to interfere with the impugned order. However, it will be open to the petitioner to make appropriate application under Section 216 of the Cr. P. C. if evidence does not justify a charge under Section 307 of the Indian Penal Code. With the above observation, this application is disposed of. Kundan (S. P. Singh, J.)