Vinod Pandey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13719 of 2015 Arising Out of PS. Case No.-43 Year-2011 Thana- DARIHAT District- Rohtas ====================================================== Vinod Pandey son of Shri Parash Nath Pandey, resident of village- Gotti, P.S. Darihat, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
1.
State Of Bihar and Anr 2.
Parwatia Devi, wife of Late Manik Chand Sah, resident of village- Gotti, P.S. Darihat, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy For the Opposite Party/s :
Mr.J.N.Thakur, App ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2019 Petitioner's application for discharge under Section 227 of the Code of Criminal Procedure, 1973, has been rejected by the learned Additional Sessions Judge-V, Rohtas at Sasaram in Sessions Trial No. 08 of 2012, arising out of Darihat P.S. Case No. 43 of 2011, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code, which is under challenge in the present application filed under Section 482 of the Cr.P.C.
Learned counsel appearing on behalf of the petitioner has submitted that over and above suspicion that the petitioner might be involved in the commission of the offence, there is no material against him collected in course of investigation for his
Patna High Court CR. MISC. No.13719 of 2015(2) dt.10-05-2019 2/2 trial in the criminal case.
I have perused the impugned order of the learned Additional Sessions Judge-V, Rohtas at Sasaram. Upon perusing the police report and the Court has found availability of sufficient circumstantial evidence against the petitioner for framing of charges against him under the aforesaid provisions. In my view, the impugned order dated 02.02.2015 cannot be said to be suffering from any legal infirmity in the background of points which have been taken in the present application. This application is, accordingly, dismissed.
(Chakradhari Sharan Singh, J) arun/- U