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Patna High CourtCR. MISC./56262/2015allowed

Anu Kumari @ Priyanka Kumari And ORS v. State Of Bihar And ANR

2023-08-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56262 of 2015 Arising Out of PS. Case No.-302 Year-2013 Thana- NAUBATPUR District- Patna ====================================================== 1.

Anu Kumari @ Priyanka Kumari 2.

Mona Kumari @ Vandana Kumar 3.

Nidhi Kumari @ Krishti Kumari All daughters of Chandra Kishore Prasad, resident of Village Nizampura, P.S. Naubatpur, Distt Patna. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Kumari Kavita Narayan wife of Kishore Prasad residents of village Nizampura, P.S Naubatpur, Dist- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nand Kishore Prasad, Advocate Mr.Manoranjan Kumar, Advocate For the Opposite Party/s :

Mr.Md. A.Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the Opposite Party No. 2.

2. This application has been filed for quashing of order dated 14.09.2015 passed by learned Judicial Magistrate1st Class, Danapur in connection Naubatpur P.S. Case No. 302 of 2013 by which learned Magistrate has taken cognizance against the petitioners for the offences under Sections 341, 323, 337, 338, 448, 379 and 34 of the Indian Penal Code.

3. It is alleged that the petitioners along with accused persons assaulted the informant. One accused Chandra Kishore

Patna High Court CR. MISC. No.56262 of 2015(4) dt.07-08-2023 2/2 Prasad assaulted the informant with the brick on the head and other accused Babi Devi snatched golden chain of the informant.

4. From reading of the F.I.R, it appears that there is a general and omnibus allegation levelled against the petitioners who are unmarried girls and the entire family has been implicated in the case.

5. In view of the above, this application is allowed. The impugned order dated 14.09.2015 passed by learned Judicial Magistrate-1st Class, Danapur in connection Naubatpur P.S. Case No. 302 of 2013 and all consequential proceedings arising out of the aforesaid F.I.R are hereby quashed in the interest of justice.

(Sandeep Kumar, J) Harsh/ U T