Mahboob Alam @ Dr. Mahboob Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56847 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- MAHILA P.S District- Supaul ====================================================== 1.

Mahboob Alam @ Dr. Mahboob Raza S/O Late Shamsul Hoda R/O Kargil Chowk, Near Airport, Birpur, Ward No. 12, P.S- Birpur, Distt.- Supaul. 2.

Asma Mehar Bano W/O Mahboob Alam @ Dr. Mahboob Raza R/O Kargil Chowk, Near Airport, Birpur, Ward No. 12, P.S- Birpur, Distt.- Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Abhinandan Kumar S/O Upendra Prasad Yadav Project Co-Ordinator Child Helpline Care, Supaul. R/O Simrahi, Ward No. 05, P.S- Saharsa, Distt.- Saharsha.

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr.Arvind Kumar, Advocate For the State :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-08-2024 Heard the parties.

2. The present application has been filed for quashing the FIR bearing Mahila P.S. Case No. 08 of 2024 registered under Sections 376, 120(B) of the Indian Penal Code and Sections 4, 6 and 17 of the the POCSO Act.

3. The petitioners have prayed for quashing of the FIR. The allegations are serious in nature but Mr. N. K. Agrawal, learned senior counsel for the petitioners has taken this Court through the statement of the alleged victim girl, who has said in her statement before the Magistrate recorded under

Patna High Court CR. MISC. No.56847 of 2024(2) dt.12-08-2024 2/2 Section 164 Cr. P.C., that since she was beaten by her parents because she was not studying properly she had given the statement on the basis of which the FIR has been registered.

4. In these circumstances, this application is disposed of with liberty to the petitioners to approach the Superintendent of Police, Supaul with his defence and the Superintendent of Police, Supaul will consider the materials available on record including the statement of the victim girl as mentioned above and take a decision as to whether the petitioners shall be chargesheeted or not.

5. Till the application of the petitioners is under consideration before the Superintendent of Police, Supaul and is not disposed of, no coercive steps shall be taken against the petitioners in connection with Mahila P.S. Case No. 08 of 2024. (Sandeep Kumar, J) P. Kumar U T