Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17297 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

SABITA DEVI WIFE OF LATE BAJRANGI PRASAD RESIDENT OF VILLAGE - RATNI, P.S. - SHAKURABAD, DISTT. - JEHANABAD. 2.

RANJEET KUMAR SON OF LATE BAJRANGI PRASAD RESIDENT OF VILLAGE - RATNI, P.S. - SHAKURABAD, DISTT. - JEHANABAD. 3.

SANJEET KUMAR @ SHERU SON OF LATE BAJRANGI PRASAD RESIDENT OF VILLAGE - RATNI, P.S. - SHAKURABAD, DISTT. - JEHANABAD.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAJESH PASWAN SON OF LATE MOHAN PASWAN RESIDENT OF VILLAGE - RATNI, P.S. - SHAKURABAD, DISTT. - JEHANABAD. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishikant For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-07-2023 Heard the parties.

Learned counsel for the petitioners wants the F.I.R. (Shakurabad P.S. Case No. 54/2022) registered for the offences punishable under Sections 365/366/354/376 of the Indian Penal Code and Section 8 of the POCSO Act and Section 3(1)(b)(r)(s) (w)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to be quashed on various grounds.

The petitioners are at liberty to raise all the grounds before the Investigating Officer at the appropriate stage showing

Patna High Court CR. MISC. No.17297 of 2023(3) dt.25-07-2023 2/2 his innocence. This Court cannot quash this F.I.R. in view of the law laid down by the Hon'ble Supreme Court in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra reported in (2020) 10 SCC 710 and also in the case of State of Bihar Vs. P.P. Sharma [(1992) Supp (1) SCC 222. This application is, accordingly, dismissed.

(Sandeep Kumar, J) Saif/- U T