Piyush Kant @ Rohit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24724 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -MAHILA P.S. District- PATNA ======================================================

1. Piyush Kant @ Rohit S/o Sri Kamlesh Singh Resident of villageJaishree, P.S.- Karakat, Dist.- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rubi Singh D/o Late Haridwar Singh R/o village- Barakagaon, P.S.- Tarari, Dist.- Bhojpur, At present residing at Quarter No.- 334, Rajbanshi Nagar, P.S.- Shastri Nagar, Dist.- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajkumar Rajesh, Advocate For the Opposite Party/s : Mr. S Eheteshamuddin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 The present application has been filed for quashing of the First Information Report in connection with Patna Mahila P.S. Case No. 34 of 2015, registered under Sections 376, 420, 504, 506/34 of the Indian Penal Code.

It is well settled law that quashing of the First Information Report of a cognizable offence can only be done when the accusation does not constitute any offence or the prosecution is barred under the certain law. Learned counsel for the petitioner is not able to convince this Court that no case is made out.

Under the circumstances, this Court in not inclined to interfere at this stage.

Patna High Court Cr.Misc. No.24724 of 2016 (2) dt.01-07-2016 The application is disposed of with liberty to the petitioner to raise all the contentions after submission of Final Report under Section 173 (2) Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T