Munna Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58674 of 2017 Arising Out of PS. Case No.-35 Year-2017 Thana- JURAWANPUR District- Vaishali ====================================================== Munna Singh S/o Sri Umesh singh, resident of Village- Raghopur West, P.S.- Jurawanpur, District- Vaishali.

... ... Petitioner

Versus

1.

State Of Bihar and 2.

Krishna Bhushan Singh, S/o Sri Raghunath Singh, resident of VillageRaghopur, Paschimi, P.S.- Jurawanpur, District- Vaishali. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Senior Advocate Mr. Saket Kumar Singh, Advocate For State :

Mr.Sri Rajkishore Singh, Addl Public Prosecutor For opposite party No. 2 :

Mr. R.K. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 22-06-2022 Heard learned counsel for the petitioner and learned counsel appearing for the opposite Parties.

This quashing petition has been filed for quashing order dated 15.11.2017 passed by the learned Additional Sessions Judge I, Vaishali at Hajipur in Sessions Trial No. 489 / 2017 arising out of the Jurawanpur, P.S. Case No. 35 of 2017 filed for offence punishable under Sections 363 and 366 (A) of the Indian Penal Code whereby and whereunder petitioners discharge petition filed under Section 227 of the Cr. P.C. has been dismissed. Case of the prosecution is that on 1.07.2017 at about 3:00 A.M. when the informant awake in the night he found the

Patna High Court CR. MISC. No.58674 of 2017 dt.22-06-2022 2/3 back door was opened and his younger daughter, namely, Manisha Kumari, aged about 17 years, is not in the house. Informant suspected that some unknown persons with bad intentions kidnapped his daughter.

Leaned counsel for the petitioner submits that though the F.I.R. is against unknown persons, petitioner's name has come in the case on the basis of victim's statement recorded under section 164 of the Cr. P.C. dated 07.07.2017. He submits that the victim in the said statement has specifically stated that she is major, consenting party and had herself came back. Even on medical examination, the doctor who examined her, has not found any sign of sexual assault on the body of the victim. It is well settled that at this stage the learned Magistrate has to look into the allegations made in the F.I.R. or materials available on record and he is not to examine the veracity of the evidences of witnesses led in support of the prosecution case. Even probable defense of the accused persons cannot be looked into at this stage. The learned Magistrate has only to satisfy that whether there is sufficient material on the record to proceed against the accused person(s) nor not.

In view of the aforesaid position of law, this Court does not find any illegality in order dated 15.11.2017, passed by the

Patna High Court CR. MISC. No.58674 of 2017 dt.22-06-2022 3/3 learned Additional Sessions Judge I, Vaishali at Hajipur in Sessions Trial No. 489 / 2017 arising out of the Jurawanpur, P.S. Case No. 35 of 2017.

Accordingly, this petition is dismissed.

(Prabhat Kumar Singh, J) Shashi AFR/NAFR NAFR CAV DATE NA Uploading Date 27.6.2022.

Transmission Date 27.6.2022.