Radha Kumari Patel Vs the State of Bihar

For the Petitioner/s : Mr.Md Jubair Ansari For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

¶12

2 17-03-2026 Heard learned counsel for the petitioner and learned counsel for the State.

¶13

The petitioner has filed this application under Section 482 of the Cr.P.C. seeking quashing of the Dhaka P.S. Case No. 15 of 2024 dated 08.01.2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 386, 307, 387, 354(B), 506, 427 of the IPC and Section 3(2)(v) of the SC/ST Prevention of Atrocities Act, 2015.

¶14

The prosecution case, in brief, is that on 08.01.2024, when the administrative officials and the police force went for removal of encroachment in compliance of a judicial order, they were prevented from discharging their duties

¶15

Patna High Court CR. MISC. No.15806 of 2024(2) dt.17-03-2026 2/3

¶16

and attacked variously causing injuries to them and they were also abused by taking caste name.

¶17

Learned counsel for the petitioner submitted that the petitioner happens to be the ex-Mukhiya and this case has been lodged to wreck vengeance and there is no injury report of anyone to substantiate the allegation of assault with respect to the commission of offence under Section 307 IPC. No person of SC/ST community was present at the place of occurrence, as alleged.

¶18

Learned counsel for the State vehemently opposed the prayer of the petitioner.

¶19

Heard learned counsel for the parties and perused the record.

¶20

The informant is a Circle Officer and as per the allegation itself one lady constable was injured. The informant and other personnel were assaulted. There is further allegation of deterring a public servant from discharging of his official duties, the case was registered under Section 386, 307, 384, 354 IPC and also under the provisions of SC/St Act. The case is at nascent stage and is under investigation by the authorities.

¶21