Gulshan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.954 of 2023 Arising Out of PS. Case No.-5 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== GULSHAN KHATOON W/o Late Dil Mohammad Ansari R/o village- Balha Maqsudan, P.S. Pupri, Distt- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Manit Ansari S/o Late Manzoor Ansari R/o village- Balha Maqsudan, P.S. Pupri, Distt- Sitamarhi.

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2023 Heard learned counsel for the parties.

2. This application has been filed for quashing the order dated 09.11.2022 by which learned Additional District and Sessions Judge-IX, Sitamarhi has been pleased to charge frame against the petitioner in Sessions Trial No. 296 of 2022, arising out of Pupri P.S. Case No. 05 of 2021 registered under Sections 302/34, 201/34 of the Indian Penal Code.

3. As per prosecution case, informant submitted his written report before the Station Head Officer of Pupri Police Station alleging that on 04.01.2021 his mother Maijun Khatoon went from the house to see Kharahi and other crops but she did not return back. Informant further alleges that he searched his

Patna High Court CR. MISC. No.954 of 2023(2) dt.01-08-2023 2/2 mother whole night and whole day of 05.01.2021. He further submitted that in the morning of 06.01.2021 Bikau Ansari went to answering call of nature, he felt some bad smell then on search found the dead of body of Maijun Khatoon and later the informant and other villagers went there and took the dead body to house. He further submits that petitioner along with other accused persons had killed his mother and concealed the dead body. He claimed that villagers had seen the accused persons assault his mother. On the basis of aforesaid information formal F.I.R. being Pupri P.S. Case No. 05/2021 has been lodged against accused persons.

4. I have gone through the impugned order as well as FIR of this case and I do not find any irregularity/illegality in the same, further the nature of allegation is serious.

5. In view of above, this application is dismissed. (Sandeep Kumar, J) Ranjeet/- U T