Nawal Kumar @ Nawal Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17675 of 2021 Arising Out of PS. Case No.-3 Year-2019 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Nawal Kumar @ Nawal Prasad S/O Jay Narayan Prasad R/O VillageVidyapati Chouk, Ward No.04, P.S.-LAKHISARAI, District-Lakhisarai. ... ... Petitioner
Versus
1.
The State of Bihar 2.
Rinki Kumari D/O Anand Kumar R/O Village-Vidyapati Chowk, Ward No.04, P.S-Lakhisarai, District-Lakhisarai.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-04-2022 Heard counsel for the parties.
2. The petitioner has moved before this Court for quashing the order dated 27.11.2019 passed in G.R. No. 752 of 2019 arising out of Lakhisarai (Mahila) P.S. Case No. 03 of 2019 registered under sections 448, 341, 504 and 354 of the Indian Penal Code.
3. As per the prosecution case, on the basis of written complaint of the informant, Rinki Kumari wherein she alleged that her brother-in-law (Bhaisur) barged into her room and tried to molest her. Upon her 'hulla' two sister-in-laws came and tried to counsel the petitioner herein but they too were abused. He lastly threatened the informant and her two sister-in-
Patna High Court CR. MISC. No.17675 of 2021(2) dt.28-04-2022 2/2 laws to leave the place or face dire consequences and in this way, the FIR was instituted.
4. The police investigated the matter and submitted its charge-sheet whereafter, the learned Judicial Magistrate vide an order dated 27.11.2019 took cognizance against the sole petitioner under sections 448, 341, 504, 506 and 354 of the Indian Penal Code.
5. The petitioner has challenged the said order.
6. This Court has gone through the contents of the FIR lodged by the informant and is satisfied that prima facie case is made out against the petitioner. The learned Judicial Magistrate, Lakhisarai has rightly taken cognizance under sections 448, 341, 504, 506 and 354 of the Indian Penal Code vide an order dated 27.11.2019 in G.R. No. 752 of 2019.
7. This application preferred under section 482 of the Code of Criminal Procedure has got no merit and is accordingly dismissed.
(Rajiv Roy, J) Ravi/- U T