Bhushan Singh And ORS v. The State Of Bihar Through Principal Secretary Home Department And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1710 of 2017 Arising Out of PS. Case No.-8 Year-2017 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Bhushan Singh Son of Late Kameshwar Singh.

2.

Anita Devi, Wife of Bhushan Singh 3.

Guriya Devi, D/o Bhushan Singh 4.

Savita Devi, D/o Bhushan Singh 5.

Nidhu devi D/o Bhushan Singh 6.

Munna Singh @ Dhrub Narayan Singh, Son of Bhushan Singh 7.

Raushan Devi D/o Bhushan Singh All Resident of Village-Mahmadpur, Barsima P.s.-Ekangarsarai, District-Nalanda.

... ... Petitioners

Versus

The State Of Bihar Through Principal Secretary Home Department and Anr. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Advocate For the Respondent/s :

Mr. Prabhat Kumar Verma, AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

This application has been filed for quashing of F.I.R. vide Noorsarai P.S. Case No. 08/2017 registered for the offence under section 304(B) & 201/34 of the Indian Penal Code. As per the prosecution case, the daughter of the complainant was married to petitioner Munna Singh @ Dhrub Narayan Singh in the year 2012 and at the time of marriage, she had given Rs. 3,00,000/-, one golden chain and other articles to

Patna High Court CR. WJC No.1710 of 2017(2) dt.22-03-2023 2/2 the accused persons. However, after the marriage the accused persons started demanding one motorcycle from the daughter of the informant but anyhow the informant has given Rs.40,000/- to the accused persons for purchasing motorcycle. It is alleged that thereafter the accused persons continued to harass the daughter of the informant physically and mentally and ultimately on 16.09.2016 the accused persons have killed her daughter by burning.

From the reading of the F.I.R., it appears that serious allegations have been levelled against the petitioners and prima facie case is made out against them. Therefore, the F.I.R. cannot be quashed.

Considering the aforesaid facts and also the law laid down by the Hon'ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others reported in (2020) 10 SCC 118, this application is dismissed.

(Sandeep Kumar, J) Ranjeet/- U T