Kiran Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25678 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Kiran Devi, Wife of Kailu Yadav,

2. Chandan Yadav, Son of Kaulu Yadav.

3. Suraj Yadav, son of Kailu Yadav.

4. Kailu Yada, son of Late Jagdeep Singh, All are resident of Village Chotki Raniur, P.O. Fatuah, P.S. Fatuah, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandrika Yadav, son of Late Karu Gope, resident of Village Dariapur, P.S. Nagarnausa, District- Nalanda.

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

For the Petitioner/s : Mr. Satish Kumar, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the F.I.R of Fatuha P.S .Case No. 86 of 2016 registered under Section 304-B read with 34 of the Indian Penal Code. I have heard learned counsel for the petitioners and perused the F.I.R, as contained in Annexure-1 to the present application.

In the F.I.R, the informant has specifically alleged that his daughter, who was married in 2013 to the petitioner no. 2

Patna High Court Cr.Misc. No.25678 of 2017 (2) dt.06-07-2018 2/2 Chandan Yadav, has been killed by the petitioners in her matrimonial home for non-fulfillment of demand of dowry on 01.03.2016.

The allegations made in the F.I.R do attract ingredients of a cognizable offence. To hold investigation into a cognizable offence is the statutory duty of the police. In that view of the matter, I see no merit in this application. The application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/Sneha U T