Patna High CourtCR. WJC/1155/2018dismissed

Rohit Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna

2019-01-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1155 of 2018 Arising Out of PS. Case No.-200 Year-2017 Thana- GAURICHAK District- Patna ====================================================== Rohit Kumar, Son of Bhushan Singh, Resident of Lanka Kachuara, P.S.- Gaurichak, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The Principal Secretary, Department of Home, Government of Bihar, Patna.

3. The Senior Superintendent of Police, Patna, District- Patna.

4. The Station House Officer, Gaurichak Police Station, District- Patna.

5. Sujeet Singh, Assistant Sub-Inspector of Police, Gaurichak Police Stationcum-Investigation Officer of Gaurichak P.S. Case No. 200/17, District- Patna.

6. Nikki Kumari, Daughter of Dinesh Singh, Resident of Lanka Kachuara, P.S.- Gaurichak, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 08-01-2019 Defect pointed out by the registry is ignored.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. This writ petition has been filed by the petitioner for quashing the first information report of Gaurichak P.S. Case No.200 of 2017 dated 11.08.2017 registered under Sections 341, 323, 448 and 354 of the Indian Penal Code.

4. On perusal of the first information report, it would appear that the informant has alleged that while she was sleeping with her younger brother, the petitioner scaled over the wall of the

Patna High Court Cr. WJC No.1155 of 2018 dt.08-01-2019 2/2 house and entered into her room and tried to forcibly abduct her. When she raised alarm, he assaulted her and fled away.

5. The allegations made in the first information report do attract ingredients of a cognizable offence.

6. In that view of the matter, neither the institution of the first information report nor its investigation can be held to be bad.

7. Accordingly, I see no merit in this writ petition. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) Sanjeet/R.Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2019 Transmission Date 09.01.2019