Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7393 of 2022 Arising Out of PS. Case No.-715 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

ASHA DEVI, wife of Late Shailendra Kumar, Resident of Village - Alampur, P.O. - Sakurabad, P.S. - Paras Bigha, District - Jehanabad. 2.

RANJANA DEVI, wife of Shri Murari Singh, Resident of Village - Bistaul, P.S. Karauna, District - Jehanabad.

3.

BHOLI SINGH, wife of Shri Nikhil Singh, Resident of Village - Arthua, P.S. Kasma, District - Aurangabad.

4.

BANDANA SINGH, Wife of Shri Dilip Singh, Resident of Mohalla New Area, P.S. Town, District - Aurangabad.

5.

MURARI SINGH, Son of Late Ramdeo Singh, Resident of Village - Bistaul, P.S. Karauna, District - Jehanabad.

6.

NIKHIL SINGH, Son of Shri Parmanand Singh, Resident of Village - Arthua, P.S.- Kasma, District - Aurangabad.

7.

DILIP SINGH, Son of Shri Ambika Singh, Resident of Mohalla New Area, P.S. Town, District - Aurangabad.

8.

SHREYANSI SINGH @ PREYASI SINGH, wife of Shri Rahul Singh, Resident of Village - Darha, P.S. Goh, District - Aurangabad. 9.

SATYA PRAKASH SINGH @ PAPPUJEE, Son of Shri Mithilesh Singh, Resident of Village Babhandi, P.S. - Hariharganj, District - Palamu (Jharkhand).

10.

BINOD SINGH Son of Late Ramashray Singh, Resident of Village Babu Gaidih, P.S. Madanpur, District - Aurangabad. 11.

BIRENDRA SINGH Son of Shri Suresh Singh, Resident of Village Turkaul, P.S. Paras Bigha, District - Jehanabad.

... ... Petitioners

Versus

1.

The State of Bihar 2.

SIMRAN KUMARI, D/o Shri Manoj Kumar Singh @ W/o Shri Sushil Kumar, Resident of Village Alampur, P.O. Sakurabad, P.S. Paras Bigha, District - Jehanabad, at present Patel Nagar, Road No. 0 (Zero), Gandhi Chowk, P.O. and P.S. Shastri Nagar, District - Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Shankar Kumar, Advocate For the Opposite Party :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

Patna High Court CR. MISC. No.7393 of 2022(2) dt.19-05-2022 2/3 19-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The present application has been filed for quashing the First Information Report vide Shastri Nagar P.S. Case No. 715 of 2019 (G.R. No.7338 of 2019) registered for the offences under Sections 498-A/406 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. Subsequently, the Court below taken cognizance of the offences under Sections 498-A/406 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioners wants to withdraw this petition on behalf of petitioner no.1, above named, with a liberty to raise all the issues at the time of frame of charge. Accordingly, this petition is dismissed as withdraw as against petitioner no.1, above named, with the above liberty. The petitioner nos. 2 to 11 are the married sisters-inlaw, their husbands and maternal father-in-law of opposite party no.2. There are general and omnibus allegations against them as the details of allegations are missing in the F.I.R.

Considering the aforesaid facts as also considering the law laid down by the Apex Court in the case of Kahkashan Kausar @ Sonam vs. State of Bihar reported in 2022 SCC OnLine SC 162,

Patna High Court CR. MISC. No.7393 of 2022(2) dt.19-05-2022 3/3 this petition is allowed on behalf of petitioner nos. 2 to 11. Accordingly, the entire prosecution launched against the petitioner nos. 2 to 11, above named, in connection with Shastri Nagar P.S. Case No. 517 of 2019 (G.R. No. 7338 of 2019) are hereby quashed.

(Sandeep Kumar, J) pawan/- U T