IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.667 of 2017
Arising Out of PS. Case No.-48 Year-2015 Thana- NAGARNAUSA District- Nalanda
1. Bindeshwar Pal @ Bindeshwari Pal @ Bindeshwar Prasad S/o Saryug Pal @
Saryug Mahto,
2. Suraj Devi, W/o Bindeshwar Pal,
3. Raju Pal,
4. Chandan Pal @ Chandan Kumar,
Both S/o Bindeshwar Pal,
All are resident of Village- Sakaraudha, P.S.- Nagarnausa, District- Nalanda.
… …(Accused)- Petitioners
Versus
1. The State Of Bihar through the Principal Secretary Home Department.
2. Kunti Devi, W/o Binod Pal, resident of Village- Sakaraudha, P.S.-
Nagarnausa, District- Nalanda.
… …(Informant)-Respondents
Appearance :
For the Petitioners : Mr.Uma Shankar Singh, Advocate
For the Respondent-State: Mr.Md. Nadeem Seraj, GP-5CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 07-08-2019This application under Articles 226 and 227 of the
Constitution of India has been filed by the petitioners for quashing
the first information report (for short ‘FIR’) of Nagarnausa P. S.
Case No. 48 of 2015 registered inter alia under Section 498A read
with Section 34 of the Indian Penal Code.
2. On perusal of the FIR, as contained in
annexure-1 to this application, I find that one Kunti Devi
submitted her written report to the Officer-in-charge, Nagarnausa
Police Station on 09.04.2015 pursuant to which FIR has been
Patna High Court CR. WJC No.667 of 2017 dt.07-08-2019
2/2instituted and investigation has been taken up. In her written
report, she has stated that on 08.04.2015, her husband along with
the petitioners started assaulting her and asked her to go out of the
house and tried to strangulate her to death. He was rescued by the
co-villagers, who assembled at the place of occurrence. She has
raised suspicion that she may be killed any time by the accused
persons named in the FIR. On the basis of the aforesaid written
report submitted before the Station House Officer, Nagarnausa
Police Station, Nagarnausa P. S. Case No. 48 of 2015 dated
09.04.2015 was registered inter alia under Section 498A read with
Section 34 of the Indian Penal Code.
3. The allegations made in the FIR would clearly
attract the ingredients of the offences as alleged.
4. In that view of the matter, I see no merit in this
application.
5. It is dismissed, accordingly.
(Ashwani Kumar Singh, J)
kanchan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.08.2019
Transmission Date 08.08.2019
