Kiran Lata v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47770 of 2019 Arising Out of PS. Case No.-38 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== 1.

KIRAN LATA W/o Late Haribansh Narayan Resident of Kiran Kuti Rachana Peeth 1M/39 Mahatma Gandhi Nagar Kanti Factory Road, P.S.- Agamkuan, District- Patna.

2.

Pankaj Priyam @ Pankaj Kumar Son of Late Haribansh Narayan Resident of Kiran Kuti Rachana Peeth 1M/39 Mahatma Gandhi Nagar Kanti Factory Road, P.S.-Agamkuan, District-Patna.

3.

Tanay Kumar Son of Late Haribansh Narayan Resident of Kiran Kuti Rachana Peeth 1M/39 Mahatma Gandhi Nagar Kanti Factory Road, P.S.- Agamkuan, District-Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manisha Kumari Wife of Sri Praveen Kumar, Daughter of Shiv Narayan Mahto Resident of Village-Baro Rajdeopur, P.S-Barauni, District-Begusarai (Bihar).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Tiwary, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application has been filed for quashing of order dated 06.02.2019 passed by learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Garhara) P.S. Case No. 38 of 2018/G.R. No. 400 of 2018 by which learned Magistrate has taken cognizance for the offences under Sections 498A read with Section 34 of the Indian Penal Code and Section 3⁄4 of D.P.

Patna High Court CR. MISC. No.47770 of 2019(2) dt.19-05-2023 2/2 Act.

In view of order dated 14.03.2023 passed in Criminal Misc. No. 51905 of 2019 passed by this Court, this application is allowed.

For the reasons mentioned in the order dated 14.03.2023 passed in Criminal Misc. No. 51905 of 2019, this application is also allowed. The impugned order dated 06.02.2019 passed by learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Garhara) P.S. Case No. 38 of 2018/G.R. No. 400 of 2018 and all consequential proceedings arising out of aforesaid F.I.R are hereby quashed. (Sandeep Kumar, J) Harsh/ U T