Patna High Court
Shakuntala Devi @ Shakuntla DeviversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The quash‑petition is dismissed as it lacks merit and the charge‑sheet under Section 304B IPC provides sufficient grounds to continue the prosecution.
Summary
The petitioners, Shakuntala Devi and Rajkishore Prasad, filed a petition challenging an order dated 09‑04‑2025 that refused to discharge them in a dowry‑death case (PS Case No. 293 of 2023). They alleged that the trial court’s findings were unreasonable and that they had not tortured the deceased, who was allegedly killed over a dowry demand. The State opposed the petition, and the matter was heard by Justice Praveen Kumar. The court examined the charge‑sheet under Section 304B of the Indian Penal Code and found that sufficient material existed to proceed against the petitioners. Consequently, the court held that the quash‑petition was without merit and dismissed it, leaving the criminal proceedings intact.
Issues considered
- Whether the order refusing to discharge the petitioners in a dowry‑death case can be quashed.
- Whether the findings of the trial court under Section 304B IPC are unreasonable and merit dismissal of the charge.
Legislation cited
- Indian Penal Code — s. 304B
Subjects
- dowry death
- Section 304B IPC
- quash of discharge order
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35545 of 2025
Arising Out of PS. Case No.-293 Year-2023 Thana- GARDANIBAG District- Patna
======================================================
1. Shakuntala Devi @ Shakuntla Devi W/O Late Kamla Prasad Yadav @ Late
Kamal Prasad Yadav R/O Vill.- Pahadpur, Police Colony, P.o.-Anisabad, PS-
Phulwarisharif, Dist.- Patna- 800002
2. Rajkishore Prasad @ Suman Saurav S/O Late Kamla Prasad Yadav @ Late
Kamal Prasad Yadav R/O Vill.- Paharpur, Police Colony, P.o.-Anisabad, PS-
Phulwarisharif, Dist.- Patna- 800002
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Prabhakar, Advocate
For the Opposite Party/s : Mr. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have challenged the order refusing
to discharge dated 09.04.2025 whereby the learned Additional
Sessions Judge-XXXII, Patna has dismissed the petition by
which a discharge petition was filed on 27.08.2026 in
connection with Gardanibagh P.S. Case No. 293 of 2023 for
discharging from this present case.
3. As per the allegation, the petitioners being mother-
in-law and husband of the informant’s daughter are alleged to
have done to death the deceased in connection with non-
fulfillment of demand of dowry.
Patna High Court CR. MISC. No.35545 of 2025(2) dt.10-04-2026
2/2
4. Learned counsel for the petitioners has submitted
that the findings which have been given by the learned trial
court is not stand to reason and the petitioners never tortured the
deceased.
5. Heard the parties and perused the record, the case is
under Section 304B of Indian Penal Code. After thorough
investigation the charge-sheet was submitted, cognizance came
to be taken and there appears sufficient grounds for proceeding
against the petitioners.
6. Considering the facts and circumstances, this
quashing application is devoid of merits and is accordingly
dismissed.
(Praveen Kumar, J)
shivam/-
U T
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