Manish Prasad v. The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.503 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- MAHILA P.S. District- Purnia ====================================================== MANISH PRASAD SON OF DINESH PRASAD R/O VILLAGEKHAJANCHI HAT LINE BAZAR, NEAR BARI MASJID, P.S.- K. HAT (SAHAYAK), DISTRICT- PURNEA ... Petitioner

Versus

1.

THE STATE OF BIHAR THROUGH THE HOME SECRETARY, GOVT. OF BIHAR, PATNA 2.

THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3.

SUPERINTENDENT OF POLICE, PURNEA 4.

DEPUTY SUPERINTENDENT OF POLICE, PURNEA 5.

OFFICER IN CHARGE, MAHILA POLICE STATION, PURNEA 6.

DEEPA SINGH D/O- KRISHNA KUMAR SINGH , W/O- MANISH PRASAD R/O MOHALLA- HILL VIEW COLONY, MANGO DIMNA ROAD, P.S.- MGM JAMSHEDPUR, DISTRICT- EAST SINGHBHUM (JHARKHAND) ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ram Prawesh Kumar, Adv.

For the Respondents :

Mr. Md. Nasrul Hoda Khan, SC I with Mr. Fazle Karim, AC to SC I ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-04-2023 Counsel for the petitioner is directed to remove the defect(s) within two weeks.

Heard learned counsel for the petitioner and the State. The present application has been filed for quashing of the first information report of Mahila P.S. Case No. 65 of 2021, dated 22.11.2021, registered under Sections 498(A), 323, 354(B), 341, 504 and 34 of the Indian Penal Code and 8 of the Protection of Children from Sexual Offenses Act, 2012. Counsel for the petitioner submits that admittedly both petitioner and informant were husband and wife and the

Patna High Court CR. WJC No.503 of 2022(2) dt.27-04-2023 2/2 informant is in habit of filing of different type of criminal cases on every occasion, it is one of the circumstance. The petitioner is paying maintenance as well as ready to keep the wife. Upon going through the first information report, it transpires to this Court that offence is made out and at this juncture this Court is not ready to interfere with the same, but, liberty is hereby granted to the petitioner that he may take appropriate remedy before appropriate forum at appropriate stage.

With this observation, this writ application is disposed off.

(Dr. Anshuman, J) Shamshad/- U T