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Patna High CourtCR. MISC./56395/2021dismissed

Shanti Devi v. The State Of Bihar

2023-07-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56395 of 2021 Arising Out of PS. Case No.-168 Year-2019 Thana- DAWATH District- Rohtas ====================================================== 1.

Shanti Devi W/O Bishwanath Singh Resident Of Village - Bithwa, P.S.- Dawath, Distt.- Rohtas.

2.

Lalita Kumar W/O Bishwanath Singh Resident Of Village - Bithwa, P.S.- Dawath, Distt.- Rohtas.

3.

Santosh Kumar Singh Son Of Bishwanath Singh Resident Of Village - Bithwa, P.S.- Dawath, Distt.- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-07-2023 This is an application for quashing the First Information Report of Dawath P.S. Case No. 168 of 2019 dated 22.10.2019, instituted under Sections 376, 343, 506/34 of the Indian Penal Code and 4, 6, 8 of the POCSO Act. As per the F.I.R., one Suman Kumari gave written report to the police stating therein that one Manoj Kumar used to come to meet his friend in her village and in the meantime they both came close to each other and on the pretext of marrying her, Manoj Kumar raped her about 1 1⁄2 years and when she became pregnant, elder brother and sister of Manoj Kumar gave medicine to her for miscarriage.

Patna High Court CR. MISC. No.56395 of 2021(2) dt.11-07-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and they have no knowledge regarding the occurrence.

In view of the law laid down by the Hon'ble Supreme Court in the case of Neeharika infrastructure pvt Ltd. V. State of maharshtra and others (2020) 10 SCC 118, this application is dismissed.

This application stands dismissed.

(Sandeep Kumar, J) Shishir/- U T