Sanjay Sharma And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8284 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Sanjay Sharma

2. Vivek Sharma

3. Guddu Sharma sons of late Singhasan sharma All Resident of Village Ranchi Hatiya Railway Colony Quarter no DSI 19J P.S Jagarnathpur (Ranchi ), District Ranchi (Jharkahand) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sindhu Devi W/on Anjay Sharma, D/o Kamlesh Sharma Resident of Village Tulsi P.s Jagdishpur District Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 The present application has been preferred by the brother of the husband of the informant with a prayer for quashing of the First Information Report of Mahila P.S. Case No. 104 of 2015 registered under Sections 498A, 379, 323, 341 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, pending in the Court of learned Sub-Divisional Judicial Magistrate, Bhojpur at Arrah.

In view of this Court, the F.I.R can only be quashed if the accusation does not constitute prima facie case or the prosecution is barred under any law. Hence, this Court is not inclined to interfere. Moreover the case was registered on 10.06.2015 but there is nothing on record to suggest the present stage of the case.

Patna High Court Cr.Misc. No.8284 of 2016 (2) dt.24-06-2016 2/2 Accordingly the application is disposed of with liberty to the petitioners to raise all the contentions at the appropriate proceeding.

(Dinesh Kumar Singh, J) Shageer/- U T