Kamal Singh @ Kamal Prasad Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44629 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== 1.

KAMAL SINGH @ KAMAL PRASAD RAY Son of Sipahi Ray Resident of Village- Dalipurganj, P.S.- Dinara, District- Rohtas 2.

Babita Devi Wife of Kamal Singh @ Kamal Prasad Ray Resident of VillageDalipurganj, P.S.- Dinara, District- Rohtas ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sweta Kumari D/o Anuranjan Singh Resident of Village- Mednipur, P.S.- Dinara, District- Rohtas.

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-08-2019 The petitioners, who are husband and wife amongst themselves have sought quashing of the subject FIR viz. Patna Mahila P.S. Case No. 01 of 2019 dated 02.01.2019 which has been registered under Sections 341, 323, 366, 354, 504, 506, 120(B), 376 (D) and 328 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that from the bare reading of the FIR, it would appear that no specific accusation has been levelled against the petitioners; rather it has been stated about them that they are related to the victim/informant. It has further been submitted that the son of the petitioners has ultimately married the informant. Even

Patna High Court CR. MISC. No.44629 of 2019(2) dt.29-08-2019 2/2 then, this is not a case for quashing of the subject FIR. In case the investigator comes to the finding that no good purpose would be served in sending up the petitioners because of paucity of materials, necessary report shall be submitted by them. This Court also directs that if the investigation has not been completed, the same be concluded as early as possible, preferably within a period of four months of the receipt/production of a copy of this order to the investigating officer. The petition stands disposed of with the aforesaid observation/direction.

(Ashutosh Kumar, J) krishna/- U T