Rishu Kumari And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2050 of 2015 Arising Out of PS.Case No. -358 Year- 2014 Thana -DHANARUA District- PATNA ======================================================

1. Rishu Kumari W/o Manoj Singh

2. Manoj Singh @ Manoj Kumar S/o Ambika Singh Both are Resident of Village Chhotaki Sapahua, P.O. + P.S. Gourichak, District Patna.

3. Arun Singh @ Arun Kumar Singh S/o Shiv Chandra Singh Resident of Village Alavakaspur, P.O. + P.S. Gourichak, District Patna. .... .... Petitioners

Versus

1. The State of Bihar.

2. Phuljhari Devi W/o Suryadeo Ram Resident of Village Tandwa, P.O. + P.S. Dhanarua, District Patna.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 16-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

2. By way of present application filed under Section 482 of the Code of Criminal Procedure, the petitioners seek quashing of the first information report of Dhanarua P. S. Case No.358 of 2014 registered under Section 364/34 of the Indian Penal Code.

3. It is contended that allegations made in the FIR do not constitute a cognizable offence.

Patna High Court Cr.Misc. No.2050 of 2015 dt.16-09-2015 2/2

4. I have perused the FIR. Allegations made therein are quite serious which certainly attracts the ingredients of a cognizable offence and at the stage of investigation, the Court would not exercise its power conferred under Section 482 of the Code of Criminal Procedure in order to stifle a legitimate prosecution.

6. In that view of the matter, I find no merit in this case. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J.) Kanchan/- U T