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Patna High Court

VEENA DEVIversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The charge‑framing order is quashed with respect to petitioners 1 and 2 due to the absence of specific allegations and the fact that they are women.

Summary

The petitioners Veena Devi and Pammi Kumari, both women, were charged under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code for allegedly assaulting an informant. They filed an application seeking quash of the charge‑framing order dated 23‑09‑2019 passed by the Additional Sessions Judge, Rohtas. While petitioners 3 and 4 withdrew their application, the court examined the allegations against petitioners 1 and 2 and held that the complaint was a vague, omnibus allegation with no specific overt act identified. Considering the gender of the accused and the lack of particularised charges, the High Court allowed the application and quashed the charge‑framing order with respect to petitioners 1 and 2. The proceedings against the remaining co‑accused, including petitioners 3 and 4, were ordered to continue.

Issues considered

  • What is the propriety of framing charges under Sections 325 and 307 of the IPC when the allegation against the accused women is vague and lacks specific overt acts?

Legislation cited

Subjects

  • quash of charge sheet
  • Indian Penal Code
  • women accused
  • general allegation
  • criminal procedure
  • Section 325 IPC
  • Section 307 IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78942 of 2019
                      Arising Out of PS. Case No.-382 Year-2018 Thana- KARAHGAR District- Rohtas
                 ======================================================
           1.     Veena Devi Wife Of Bashisth Prasad Resident Of Village - Babhni, Police
                  Station - Kargahar, District - Rohtas.
           2.    Pammi Kumari @ Asha Kumari @ Chhaya Kumari Daughter Of Bashisth
                 Prasad Resident Of Village - Babhni, Police Station - Kargahar, District -
                 Rohtas.
           3.    Bashisth Prasad Son Of Late Triveni Prasad Resident Of Village - Babhni,
                 Police Station - Kargahar, District - Rohtas.
           4.    Nishant Prasad @ Nishant Kumar Son Of Bashisth Prasad Resident Of
                 Village - Babhni, Police Station - Kargahar, District - Rohtas.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Shivji Prasad Son of Late Prahlad Prasad Resident of Village - Bhabgbu,
                 Police Station - Kargahar, District - Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Chand Prasad, Advocate
                                                  Mr. Manoj Kumar, Advocate
                                                  Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :       Mr. Satyendra Narayan Singh
                 For the O.P. No. 2       :       Mr. Rajni Kant Pandey, Advocate
                                                  Mr. Tiwari Shwetketu, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-01-2026                   Heard the learned counsel for the petitioners, learned

                   APP for the State and the learned counsel for the O.P. No. 2.

                                 2. This application has been filed for quashing of

                   order dated 23.09.2019 passed by learned Additional Sessions

                   Judge-XV, Rohtas, Sasaram, in Kargahar Police Station Case

                   No. 382 of 2018 in Sessions Trial No. 293 of 2019 whereby

                   charges have been framed for offences under Sections 341, 323,
Patna High Court CR. MISC. No.78942 of 2019(4) dt.27-01-2026
                                            2/3




          325, 307, 504, 506 and 34 of the Indian Penal Code has been

          taken against petitioners.

                       3. After some arguments, learned counsel for the

          petitioners prays for and is permitted to withdraw the

          application filed on behalf of petitioner nos. 3 and 4 to raise all

          the grounds at an appropriate stage.

                       4. Accordingly, this application filed on behalf of the

          petitioner nos. 3 and 4 is dismissed as withdrawn.

                       5. The present application is now restricted to

          petitioner nos. 1 and 2 only.

                       6. Learned counsel for the petitioners submits that so

          far as petitioners no. 1 and 2 are concerned, they are women and

          the allegation levelled against the petitioner nos. 1 and 2 is that

          they have assaulted the informant by leg and fist which shows

          that there are no specific allegations of overt acts against them

          but the Court below took cognizance under Sections 325 and

          307 of the IPC.

                       7. Learned counsel for the State has opposed the

          prayer of the petitioner nos. 1 and 2.

                       8. I have heard and considered the submissions of the

          parties and have gone through the records of the case.

                       9. Considering the fact that the petitioner nos. 1 and 2
            Patna High Court CR. MISC. No.78942 of 2019(4) dt.27-01-2026
                                                        3/3




                      are women and there is general and omnibus allegation against

                      them, the present application stands allowed with regard to

                      them.

                                   10.    Accordingly,        the     impugned   order   dated

                      23.09.2019 passed by learned Additional Sessions Judge-XV,

                      Rohtas, Sasaram, in Kargahar Police Station Case No. 382 of

                      2018 in Sessions Trial No. 293 of 2019 is hereby quashed with

                      respect to petitioner nos. 1 and 2.

                                   11. The proceedings with regard to other co-accused

                      persons shall continue including the petitioner nos. 3 and 4.

                                   12. Let a copy of this order be communicated to the

                      Principal District and Sessions Judge, Rohtas at Sasaram for its

                      compliance through FAX or e-mail forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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