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Patna High Court

Shakuntala Devi @ Shakuntla DeviversusThe State Of Bihar

Decided
Disposal
DISMISSED

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

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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