Patna High CourtCR. MISC./25666/2014dismissed

Prakash Kumar And ORS. v. State Of Bihar And ANR

2017-07-05Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25666 of 2014 Arising Out of PS.Case No. -403 Year- 2013 Thana -KADAMKUAN District- PATNA ======================================================

1. Prakash Kumar

2. Shobha Kumari All S/o Late Sita Ram Singh

3. Guriya Kumari

4. Chandrakala Devi W/o Prakash Kumar All Resident of Das Company Lane, East Lohanipur, P.S. Kaamkuan, District Patna. .... .... Petitioners

Versus

1. The State of Bihar.

2. Nilmani Kumar @ Guddu S/o Late Ram Shankar Saw Resident of East Lohinipur Das Company Lane, P.S. Kadamkuan, District Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Dhananjay Kumar Tiwary, Advocate For the State : Mr. Binod Kumar, APP For the O.P.No.2 : Mr. Navin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-07-2017 Heard.

2. The petitioners seek quashing of order dated 19.02.2014 passed by CJM, Patna in G.R.No.6376 of 2013 arising out of Kadam Kuan P.S.Case No.403 of 2013. The learned CJM, Patna as per above order took cognizance under Sections 147, 448, 323, 379 and 504 of the IPC against the petitioners.

3. On perusal of impugned order and complainant petition, I find that specific allegation against these petitioners is that on 21.10.2013, they assaulted the informant on his head by iron rod and when his wife and sister came for his rescue, they were also assaulted by the accused persons. They further snatched

Patna High Court Cr.Misc. No.25666 of 2014 (3) dt.05-07-2017 2/2 gold chain from the neck of his sister. The matter was investigated and police submitted charge sheet under the aforesaid Sections. The learned Magistrate after going through the case diary took cognizance against the petitioners.

4. In view of discussions made above, I do not find any merit in this application. This application is devoid of merit and, is, accordingly dismissed.

(Sanjay Kumar, J) B.Kr./- U T