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Patna High CourtCR. MISC./14049/2015dismissed

Yogendra Guro And ORS v. The State Of Bihar

2019-05-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14049 of 2015 Arising Out of PS. Case No.-47 Year-2014 Thana- LAUKARIA District- West Champaran ====================================================== 1.

Yogendra Guro 2.

Ganesh Guro 3.

Pradeep Guro All son of Dularman Guro 4.

Damar Guro 5.

Dipan Guro Both son of Late Garu Guro 6.

Sheikh Guru @ Sheshnath Guro Son of Tulsi Guro All resident of village - Mishrauli, Police Station - Laukarya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.

For the Opposite Party :

Mr.Veena Rani Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-05-2019 Nobody appears on behalf of the petitioners.

The petitioners have challenged the order dated 12.02.2015 passed by the learned 2nd Additional Sessions Judge, Bagaha, West Champaran in Sessions Trial No. 49 of 2015 whereby the petition for discharge for the offences under Section 302 and other Sections of the Indian Penal Code has been rejected.

It appears from the records that the husband of the informant was assaulted and was administered

Patna High Court CR. MISC. No.14049 of 2015(2) dt.09-05-2019 2/2 poisonous substance leading to his death. Charge sheet in the case was submitted against the petitioners under Sections 302, 328 and other Sections of the Indian Penal Code. The post-mortem report reveals that death was caused because of poison. Taking into account the aforesaid facts the prayer for discharge has been rejected.

No good ground has been made out in the petition for interfering with the aforesaid order refusing to discharge the petitioners.

However, if the trial has not concluded as yet, the court below is directed to conclude the same as expeditiously as possible.

The petition is dismissed with the aforesaid observation.

(Ashutosh Kumar, J) krishna/- U T