Vishwa Nath Singh And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.571 of 2014 Arising Out of PS.Case No. -07 Year- 2014 Thana -Goriya Kothi G.B.Nagar District- SIWAN ===========================================================
1. Vishwa Nath Singh, Son of Late Chitradeo Singh
2. Prabhawti Devi, wife of Vishwanath Singh
3. Kamendra Singh, Son of Vishwanath Singh, All are resident of Village - Kala Dumra, P.S. Goriya Kothi, G.B. Nagar, Tarwara, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar
2. Raj Mangal Rai Son of Late Shyam Raj Rai Resident of Village - Harnatar, P.S. Darauli, District - Siwan .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv. For the Respondent/s : Mr. Amarendra Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 11-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.
Despite sufficient time given to the State, no counter affidavit has been filed on behalf of the respondents.
By filing this application under Articles 226 and 227 of the Constitution of India, the petitioners seek quashing of the First Information Report in Goriya Kothi G.B. Nagar P.S.Case No.07 of 2014 registered for the offences punishable under sections 498-A, 304-B and 201 read with 34 of the Indian Penal Code as well as 3 and 4 of the Dowry Prohibition Act. A bare reading of the First Information Report would disclose that the daughter of the informant was killed within three years of her marriage in her marital house and the informant has also alleged that his daughter was
Patna High Court Cr. WJC No.571 of 2014 dt.11-03-2015 2/2 being subjected to cruelty for non-fulfillment of demand of dowry. The allegations made in the First Information Report do constitute a cognizable offence.
In that view of the matter, I find no merit in the application. Accordingly, this application is dismissed.
(Ashwani Kumar Singh, J) Pradeep/- U T