Rajmani Singh v. The State Of Bihar Through Principal Secretary, Home Deptt.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49218 of 2024 Arising Out of PS. Case No.-610 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Rajmani Singh Son of Sri Arvind Kumar Singh Resident of Vill- Bafapur Banthu, P.S.- Bhagwanpur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home Deptt. Bihar 2.

Rashmi Singh Wife of Rajmani Singh Resident of Vill- Bafapur Banthu, P.S.- Bhagwanpur, District- Vailshali Presently Resident of Vill- Bahadurpur Patori, P.S.- Sahpur Patori, District- Samstipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Kumar, Advocate For the State :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-07-2024 Heard the parties.

2. The present application has been filed for quashing the FIR bearing Shahpur Patori P.S. Case No. 610 of 2023 dated 28.09.2023 registered for the offences under Sections 498A, 323, 504 and 506/34 of the Indian Penal Code.

3. The petitioner being the husband is being prosecuted by his wife. The only ground for quashing the FIR is that after 21 years of marriage, this FIR has been lodged.

4. Since the allegations are levelled in the FIR and the petitioner is the husband of the informant, this FIR cannot be quashed.

Patna High Court CR. MISC. No.49218 of 2024(2) dt.22-07-2024 2/2

5. Accordingly, the application stands dismissed with liberty to the petitioner to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) P. Kumar U T