Kamla Sharma@ Kamla Kant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22428 of 2024 Arising Out of PS. Case No.-364 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== 1.

Kamla Sharma@ Kamla Kant Sharma SON OF LATE NANKU SINGH RESIDENT OF VILLAGE- UCHIRMA PS- SHERGHATI, DISTT- GAYA 2.

BAGESH KUMAR SON OF KAMLA SHARMA @ KAMLA KANT SHARMA RESIDENT OF VILLAGE- UCHIRMA, PS- SHERGHATI, DISTT- GAYA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

TRIVENI SINGH SON OF LATE CHANDRIKA SINGH RESIDENT OF VILLAGE- UCHIRMA PS- SHERGHATI, DISTT- GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhanshu Shekhar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-09-2024 Heard learned senior counsel for the petitioner and learned counsel for the State.

2. This application has been filed on behalf of the petitioners for quashing the order dated 29.01.2024 passed in S.Tr. No. 409 of 2022 / 310 of 2023 by ADJ, Sherghati, Gaya in connection with Sherghati P.S. Case No. 364 of 2020.

3. The Court below has found a strong prima facie case against the petitioner for framing of charge on the basis of materials produced which has come during investigation and the statement of the witnesses.

Patna High Court CR. MISC. No.22428 of 2024(2) dt.05-09-2024 2/2

4. Upon perusal of the impugned order, this Court finds no ground to interfere in the same in view of the law laid down by the Hon'ble Supreme Court in the case of Ram Prakash Chadha Vs. The State of Uttar Pradesh reported in 2024 SCC OnLine SC 1709.

5. Accordingly, this application is dismissed with liberty to the petitioners to raise all the grounds at an appropriate stage.

(Sandeep Kumar, J) Vikas/- U