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Patna High CourtCR. MISC./4887/2015dismissed

Mukesh Kumar @ Tunnu And ORS v. State Of Bihar And ANR

2019-05-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4887 of 2015 Arising Out of PS. Case No.-274 Year-2012 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Mukesh Kumar @ Tunnu, son of Rajendra Singh 2.

Brajesh Kumar @ Pappu, Son of Basistha Singh 3.

Hilish Singh @ Ram Darshan Singh, Son of Late Sahdeo Singh. 4.

Baidyanandan Singh 'Keshav' Son of Kesab Singh All are Resident of village - Khakhra, P.S-Kurahani,Turki O.P, Distt.-Muzaffarpur.

... ... Petitioners

Versus

1.

The State of Bihar.

2.

Binod Singh, S/O Late Bujhawan Singh, resident of village - Khakhra, P.SKurahani,Turki O.P, Distt.-Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Karn For the Opposite Party/s :

Mr. Kr. Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-05-2019 Heard learned counsel appearing for the parties. In this case, the petitioners are challenging the order dated 12.11.2014, passed by 3rd Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 362 of 2014, whereby and whereunder the application filed under Section 228 of the Cr.P.C. has been rejected.

The Court below after considering the relevant material has recorded a finding that looking to the nature of injury which has been sustained by the victim on vital part of the body, the offence under Section 307/34 is made out and

Patna High Court CR. MISC. No.4887 of 2015(2) dt.09-05-2019 2/2 accordingly, rejected the application filed under Section 228 of the Cr.P.C.

This Court does not find any error in the order of the Court below, accordingly, this quashing petition is dismissed.

(Shivaji Pandey, J) pawan/- U T