Patna High CourtCR. MISC./52488/2016dismissed

Arjun Ram And ORS v. The State Of Bihar

2024-04-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52488 of 2016 Arising Out of PS. Case No.-96 Year-2014 Thana- JAMHOR District- Aurangabad ====================================================== 1.

Arjun Ram and Ors son of Late Bhuletan Village Kushi, P.S.- Aurangabad Town, Dist - Aurangabad 2.

Ajay Ram son of Ramdeo Ram 3.

Ramdeo Ram son of Late Dukhan Ram Both residents of village - Pipara, P.S. - Jamhore, Dist. - Aurangabad Bihar.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-04-2024 Heard the learned counsel for the petitioners as well as the learned APP, Shri Shailendra Kumar for the State.

2. By the impugned order dated 23.09.2016, the petition for discharge filed by the petitioner under Section 227 was rejected. The FIR was registered under Section 304B/34. There was allegation against the petitioners that they committed dowry death of the deceased and before her death they illtreated the deceased for non-fulfillment of the demand of dowry.

3. A petition for discharge under Section 227 of the CrPC was filed stating therein that the victim girl committed suicide and she was not murdered. After considering the

Patna High Court CR. MISC. No.52488 of 2016(2) dt.09-04-2024 2/2 materials collected during the course of investigation, as mentioned in paragraph no. 14, 15, 16 and 17 of the case diary in which the witnesses have supported the occurrence, the learned court below was of the opinion that there were prima facie materials for framing of charge and he rejected the application filed under Section 227 of the CrPC.

4. The learned court below considered the materials collected during the course of investigation and there were prima facie materials for framing of charges against the petitioners.

5. In my view, the learned court below did not commit any illegality, irregularity and impropriety and the impugned order does not need any interference. Accordingly, this application is dismissed.

(Nawneet Kumar Pandey, J) SONALI/- U T