Nirmal Raj @ Mukesh Kumar Sinha And ORS v. The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Old Secretari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2004 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- MAHILA P.S. District- Lakhisarai ====================================================== 1.

Nirmal Raj @ Mukesh Kumar Sinha and Ors Son of Kamta Bhushan Prasad. 2.

Pinki Sinha, Wife of Nirmal Raj @ Mukesh Kumar Sinha. 3.

Kamta Bhushan Prasad, Son of Late Jay Nath Prasad Sahay, Sl. Nos. 1, 2 and 3 are resident of Village- Churaman Bigha, P.S. Chanan, District- Lakhisarai.

4.

Ranju Devi, Wife of Shyam Sundar Prasad.

5.

Shyam Sundar Prasad, Son of Late Bhagirath Prasad. 6.

Prashant Kumar, Son of Shyam Sundar Prasad.

7.

Asha Rani @ Tanya @ Khushboo, Daughter of Shyam Sundar Prasad. 8.

Neha Kumari, Daughter of Shyam Sundar Prasad. 9.

Kajal Kumari, Daughter of Shyam Sundar Prasad. SI. Nos. 4, 5,6, 7, 8 and 9 are Resident of Village- Dharamrai Chak, Ward No. 7, P.S. District- Lakhisarai.

10.

Binod Kumar, Son of Late Ajit Prasad.

11.

Poonam Devi, Wife of Binod Kumar, Sl. Nos. 10 and 11 are Resident of Village- Darbepatti, P.S. Katoriya, District- Banka. 12.

Prabhat Kumar, Son of Dr. Dilip Kumar @ Munna, 13.

Niru Devi, Wife of Prabhat Kumar, Sl. Nos. 12 and 13 are Resident of Village- Gangra, P.S. - Giddhaur, District- Jamui. 14.

Ranjeet Kumar Sinha, Son of Nandan Prasad.

15.

Neelam Devi, Wife of Ranjeet Kumar Sinha, SI. Nos. 14 and 15 are resident of Village Pokharama, P.S. Kajara, District- Lakhisarai. ... ... Petitioners

Versus

1.

The State Of Bihar through the Principal Secretary, Home Department, Govt. Of Bihar, Old Secretariat, Patna 2.

The Director General of Police, Bihar, Patna. 3.

The Deputy Inspector General of Police, Munger Range, Munger. 4.

The Superintendent of Police, Lakhisarai.

5.

The Station House Officer, Mahila, Police Station, District- Lakhisarai. 6.

Srishti Sen, Daughter of Girish Kumar Sinha, Wife of Vivek Kumar Sinha @ Rupesh, Resident of Village- Santar Mohalla, Ward NO. 13, P.S. Lakhisarai, District- Lakhisarai.

Patna High Court CR. WJC No.2004 of 2018(3) dt.14-10-2019 2/3 ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Arjun Prasad No. 1, Advocate Mr. Manoj Kumar, Advocate For the Respondent-State :

Mr.Sheo Shankar Prasad SC-8 Mr. Ruchikar Jha, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-10-2019 This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the first information report of Lakhisarai Mahila P. S. Case No. 07 of 2018 dated 17.04.2018 registered for the offences punishable under Sections 498 A and 406 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

At the outset, it is submitted by the learned counsel for the petitioners that during pendency of the instant application before this court, the police have submitted report under Section 173(2) of the Code of Criminal Procedure whereby most of the petitioners have not been sent up for trial. In view of the subsequent development, the petitioners have prayed to withdraw the present writ petition with liberty to challenge any adverse order which the jurisdictional Magistrate may pass on perusal of the materials available on record including the police report. Leave is granted.

Patna High Court CR. WJC No.2004 of 2018(3) dt.14-10-2019 3/3 The writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U T