Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1243 of 2011 ====================================================== Binod Mahto, son of Baldeo Mahto, resident of village-Mahathi, P.S.- Ujiarpur, District-Samastipur. .... .... Petitioners Versus 1. The State of Bihar. 2. Secretary, Department of Home (Police), Government of Bihar, Patna. 3. Director General-cum-Inspector General of Police, Bihar, Patna. 4. Superintendent of Police, Samastipur. 5. Deputy Superintendent of Police, Patori, District-Samastipur. 6. Officer Incharge of Patori, P.S. and District-Samastipur. .... .... Respondent 1st Set. 7. Ram Kaleshwar Mahto, son of late Raghunandan Mahto, resident of village-Sheura, P.S.-Patori, District-Samastipur. …………..Respondent 2nd Set. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-06-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. In the present writ petition the petitioner seeks quashing of the F.I.R. being Patori P.S. Case No. 102 of 2011 dated 2.6.2011 instituted under [STATUTE] . The aforesaid case was initially registered as a complaint and was referred to the police by the learned C.J.M., Samastipur for investigation under Section 156(3) of the Code of Criminal Procedure. The learned counsel for the petitioner submits that Patna High Court CR. WJC No.1243 of 2011 (2) dt.26-06-2012 2 / 2 2 he has falsely been implicated in the case. The daughter of the informant committed suicide after closing the room from inside. The matter was reported to the police. A U.D. Case was registered and post mortem examination of the deceased was also conducted. In my view, since the complaint discloses commission of a cognizable offence and the matter was referred under Section 156(3) Cr. P.C. to the police, the police committed no mistake by instituting a case. The F.I.R. registered by the police is being investigated. In my view, plausible defence of the accused is not to be seen at this stage. While the case is under investigation, it is the allegation appearing in the F.I.R. which is to be seen by the Court. Credibility or otherwise of defence version can only be adjudicated at the time of trial. The application being devoid of any merit is dismissed. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 304B

Statute Text:
Section 304B of the Indian Penal Code. Dowry death. Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.