Manish Kumar @ Manish Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67342 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- MAHILA P.S. District- Madhubani ====================================================== MANISH KUMAR @ MANISH KUMAR YADAV son of Ramsudishta Yadav Village- Mahtha Sagar Bhoara W.No-26/41, Ps Dist- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Rai D/o- Late Raja Yadav Village- Alampur Ps- Didarganj DistPatna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rupesh Kumar For the Opposite Party/s :
Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-09-2024 Heard the parties.
2. The present application has been filed for quashing of the F.I.R. of Mahila P.S. Case No. 12 of 2023, dated 19.04.2023, registered u/ss 341, 323, 313, 498(A), 504, 506, 420, 34 of the Indian Penal Code.
3. As per prosecution case, the petitioner is alleged to have established physical relationship with the informant on the pretext of marriage and also captured her private photographs. It is further alleged that on 24.11.2022, petitioner and other coaccused persons have demanded Rs. 25,00,000/- as dowry and due to non-fulfillment of demand of dowry, she was assaulted by the accused persons.
4. Learned counsel for the petitioner has submitted that the F.I.R. should be quashed considering the defence of the
Patna High Court CR. MISC. No.67342 of 2023(2) dt.24-09-2024 2/2 petitioner. He has argued that the petitioner denies the marriage and submits that he is working in Hyderabad and number of proceedings are going on between the parties.
5. Learned counsel for the informant and learned APP for the State have vehemently opposed the application for quashing. They have submitted that the F.I.R. cannot be quashed at this stage by considering the defence of the petitioner when from reading of the F.I.R., offences are made out.
6. I have considered the submissions of the parties. From reading of the F.I.R., offences are made out against the petitioner and I am of the view that the same cannot be quashed in view of the law laid down by hon'ble supreme court in the case of m/s neeharika infrastructure pvt. Ltd. vs. State of Maharashtra and others SCC Online SC 315, this application is dismissed.
(Sandeep Kumar, J) Ranjeet/- U T