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Patna High CourtCR. WJC/155/2018dismissed

Puja Kumari And ORS v. The State Of Bihar, Through The Principal Secretary, Department Of Home Police, Government Of Biha

2019-01-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.155 of 2018 Arising Out of PS. Case No.-65 Year-2016 Thana- MAHILA P.S. District- Muzaffarpur ======================================================

1. Puja Kumari, daughter of Shri Kaushal Kishore Singh and wife of Shri Pawan Kumar Singh, resident of Village-Bhakurahia, Police Station- Patahi, DistrictEast Champaran.

2. Pawan Kumar Singh, son of Shri Sitaram Singh, resident of VillageBhakurahia, Police Station- Patahi, District- East Champaran.

3. Sunita Devi, wife of Shri Kaushal Kishore Singh, resident of VillageDhanushi, Police Station- Kartahan, District- Vaishali.

4. Kaushal Kishore Singh, Son of Late Raghunath Singh, resident of VillageDhanushi, Police Station- Kartahan, District- Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home (Police), Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Tirhut Region, Muzaffarpur.

4. The Deputy Inspector General of Police, Muzaffarpur.

5. The Senior Superintendent of Police, Muzaffarpur.

6. The Station House Officer, Muzaffarpur Mahila Police Station, DistrictMuzaffarpur.

7. Deepika Kumari, daughter of Shri Ram Rekha Singh, presently residing at Village- Dihuli, Police Station- Sibaipatti, District- Muzaffarpur.

8. Ram Rekha Singh, son of Late Ramashrya Singh, resident of Village- Dihuli, P.S. Sibaipatti, District- Muzaffarpur.

9. Vimal Devi, wife of Shri Ram Rekha Singh, resident of Village- Dihuli, P.S. Sibaipatti, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Singh, Advocate For the Respondent/s :

Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 02-01-2019 Defects pointed out by the registry are ignored.

2. This writ petition has been filed by the petitioners for quashing of the first information report of Muzaffarpur Mahila P.S. Case No.65 of 2016 dated 23.05.2016 registered under Section

Patna High Court Cr. WJC No.155 of 2018 dt.02-01-2019 2/2 498A of the Indian Penal Code as also sections 4 and 5 of the Dowry Prohibition Act.

3. On perusal of the first information report as contained in Annexure-P/1, I find that ingredients of the offences alleged are clearly attracted.

4. Moreover, in course of investigation conducted by the police, the allegations subjecting the informant to cruelty for non-fulfilment of demand of dowry were found true and the police submitted charge-sheet against the petitioners on 09.01.2017 vide charge-sheet no.76 of 2016 whereafter the learned Magistrate has already taken cognizance of the offences vide order dated 11.01.2017.

5. In that view of the matter, I see no merit in this application. The writ petition is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.01.2019 Transmission Date 03.01.2019