Bharti Mishra @ Bharti Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30896 of 2016 Arising Out of PS.Case No. -218 Year- 2011 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Bharti Mishra @ Bharti Devi wife of Arun Kumar Mishra Resident of Village- + P.O. Janta, P.S. Gaighat, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar & Anr

2. Sail Devi wife of Late Gonour Mallik Resident of village - Jata Dih, P.S. Gaighat , District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 The present application has been filed for quashing the First Information Report of Gaighat P.S. Case No. 218 of 2011 registered under Sections 467, 468, 406, 420, 471, 472/34 of the Indian Penal Code.

This Court is of the view that the F.I.R of a cognizable offence can be quashed if the accusation does not constitute prima facie case or the prosecution is barred under certain law. Moreover the F.I.R was registered on 27.08.2011 and there is nothing on record to suggest the present stage of the case. Hence, this Court is not inclined to interfere. Accordingly the application is disposed of with liberty to the petitioner to raise all the contentions after

Patna High Court Cr.Misc. No.30896 of 2016 (2) dt.02-09-2016 2/2 submission of the final report under Section 173(2) of the Cr.P.C.

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