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Patna High CourtCR. MISC./13884/2015dismissed

Yugesh Yadav And ANR v. The State Of Bihar

2019-05-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13884 of 2015 Arising Out of PS. Case No.-427 Year-2012 Thana- MOHANPUR District- Gaya ====================================================== 1.

Yugesh Yadav 2.

Mukesh Yadav Both S/o Surendra Yadav, Resident of village- Bumnar, P.S.- Mohanpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar For the Opposite Party/s :

Mr. Ambika Bhagatspl APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2019 An application filed by the petitioners for their discharge under Section 227 of the Criminal Procedure Code has been rejected by the learned Additional Sessions Judge-Icum-Special Judge, Gaya in Mohanpur P.S. Case No. 427/12/S.C.S.T. Trial No. 53/13, which is under challenge in the present application under Section 482 of the Code of Criminal Procedure.

On perusal of the impugned order, I find that the court below has passed a detailed order and discussed the materials on record and reached a conclusion that though there was nothing in the case diary to connect the petitioners with the offence punishable under Section 302 of the Indian Penal Code, there

Patna High Court CR. MISC. No.13884 of 2015(2) dt.16-05-2019 2/2 were materials to support the allegation of offence punishable under Section (3)(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Act, 1989. I do not find any legal infirmity in the impugned order.

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J.) Ashish/- U T