IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45257 of 2007 Anju Devi @ Manju Devi @ Sharda Devi, w/o Sri Ram Kirpal Ram, R/v- Kistipur, P. S. Dhanarua, District- Patna. … Petitioner. Versus 1. STATE OF BIHAR 2. Abha Kumar d/o Sri Lakhan Das, resident of village- Kati Factory Road, Gandhi Nagar, Kankarbag, Patna. .. Opp. Parties. ----------- 3. 29.03.2010 Heard counsel for the petitioner, counsel for the State as also counsel for informant, opposite party no. 2. All said and done, the petitioner while assailing the order taking cognizance for the offence under Section 498 A, 406, 34 of the Indian Penal Code has her confined role of being a Nanad of the informant, opposite party no. 2. The petitioner is already a married lady and therefore the omnibus allegation of she also being a party to committing torture in all fairness will not be possible and feasible specially when it is claimed that she was living separately in her own Sasural. Added to all these now the matrimonial dispute between the brother of the petitioner, husband of opposite party no. 2 and opposite party no. 2 being husband and wife respectively is pending before a competent family court wherein the prayer for divorce of 2 opposite party no. 2 herself is pending consideration. Thus, taking the aforementioned facts and circumstances into account and specially the lack of any specific allegation against the petitioner, a married nanad, this Court would quash the prosecution only against her and to that extent the order taking cognizance would stands modified. It is, however, made clear that the criminal prosecution against rest of the accused persons shall proceed without being influenced by this order. With the aforementioned observations and directions, this application is disposed of. kanchan (Mihir Kumar Jha, J.)