Muskan Kumari @ Muskan Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46363 of 2017 Arising Out of PS. Case No.-1146 Year-2016 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

Muskan Kumari @ Muskan Devi W/o Pradeep Singh, 2.

Khusbu Devi W/o Ravikant @ Bablu R/o Village- Sapulhaganj, Ward No. 21, P.S.- Sasaram nagar, District- Rohtas.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Bajrang Mahto, Son of Late Vishwanath Mahto, R/o Mohalla- Civil Line, Near St. Paul School, Ward No. 9, P.S.- Sasaram nagar, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. On query of the Court with regard to the stage of the case, the learned counsel for the petitioners fairly submitted that the charges have been framed, trial has commenced and two witnesses have been examined.

3. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegations against the petitioners are general and omnibus in nature and they being sisters of the husband of the O.P. No. 2 have been implicated in a mechanical manner. It is further submitted that whenever any dispute arises in between the

Patna High Court CR. MISC. No.46363 of 2017(3) dt.28-11-2023 2/2 husband and the wife, the entire family members are implicated with general and omnibus allegation.

4. The learned APP for the State, Sri Arun Kumar Singh No. 5, appears and submits that what has been submitted by the learned counsel for the petitioners may be true, may not be true. It is next submitted that since charges have been framed and trial has commenced and witnesses are being examined, as such, the Court should not interfere, at this stage, in the present case.

5. Considering the submissions made by the learned APP for the State, the Court is not inclined to entertain the quashing application.

6. However, the learned Trial Court is directed to expedite the trial and to ensure that the trial is completed within a period of 18 months from the date of receipt/production of a copy of this order.

6. Accordingly, the present quashing application is disposed of with observations aforesaid.

(Satyavrat Verma, J) Rishabh/- U T