Sushila Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67236 of 2018 Arising Out of PS. Case No.-96 Year-2017 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== 1.

Sushila Devi and Ors Wife of Late Baban Pandey Resident of VillageGayghat Puchhari,.P.S.Brahmpur,Distt.-Buxar 2.

Prayag Mishra Son of Late Shivnajar Mishra Resident of Village-Rajpur Navrang Rai Ke Dera P.S. Simari,Distt.-Buxar 3.

Munchun Tiwary Son of Late Indradeo Tiwary, Resident of VillageNiranjanpur,P.S. Buxar,Distt.-Buxar 4.

Dharmraj Rai @ Dhamaka Rai Son of Late Shivdhari Rai Resident of Village-Arjunpur NiyajipurP.S. Simari O.P.-Ramdas Rai Ke Dera,Distt.- Buxar 5.

Indradeo Towary Sonof Late Gopal Tiwary Resident of VillageNiranjanpur,P.S. Distt.-Buxar 6.

Shubhakaran Pandey Sonof Late Baban Pandey Resident of Village-Gayghat Panchhari,P.S. Brahmpur,Distt.-Buxar 7.

Arun Kumar Pandey Son of Late Baban Pandey Resident of VillageGayghat Puchhari,P.S. Brahmpur,Distt.Buxar ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Kaushal Kumar Mishra Sonof Late Sri Ram Mishra Resident of VillageArjunpur NiyajipurP.S. Simari O.P.-Ramdas Rai Ke Dera,Distt.-Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Maya Shankar Mishra, Advocate For the Opposite Party/s :

Mr. Sri Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-08-2023 Heard learned counsel for the parties.

This application has been filed for quashing of the order dated 24.08.2017, passed by the learned A.C.J.M. IIIrd, Buxar in Complaint Case No. 96© of 2017, by which, learned

Patna High Court CR. MISC. No.67236 of 2018(2) dt.21-08-2023 2/3 Magistrate has taken cognizance under Section 406/34 of the Indian Penal Code.

As per the prosecution case, the mother of the informant had died on 17.12.2016 and on 20.12.2016 in the night the informant along with villagers had gone for last rites of his mother, in the mean time, the wife of the informant enquired from the petitioner No.1 about the paper and jewelry then petitioner No.1 told her that she will give the paper and jewelry when she will go to her village. It is further alleged that when the informant came to house, his sister Sushila Devi (petitioner No.1) said to him that after the rites she will give the papers relating to pension books of father and mother and fixed deposit paper of Rs. 25,000/- and jewelry of worth Rs 3,40,000/- before the panches and witnesses.

It is further alleged that the widow of elder brother of the informant also live in the native village whose husband had committed suicide due to torture of accused persons and the informant has two daughters and he resides along with his daughters in Dhanbad and all the accused persons want to usurp the property. It is further alleged that after the ceremony, informant demanded the papers and jewelry in front of accused persons. The accused refused to give the papers and

Patna High Court CR. MISC. No.67236 of 2018(2) dt.21-08-2023 3/3 jewelry.

Considering the aforesaid fact, this Court is not interfere in this case, therefore, this application is dismissed with liberty to the petitioners to all the grounds at the stage of trial.

(Sandeep Kumar, J) Guddu/- U T