Patna High CourtCR. MISC./40544/2013dismissed

Om Prakash Yadav v. State Of Bihar And ANR

2016-05-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40544 of 2013 Arising Out of PS.Case No. -142 Year- 2012 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Om Prakash Yadav Son of Roop Narayan Yadav R/O Village-Khijirpura Tola Dumma, P.S.-Kesariya, District-East Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Shatrughan Yadav Son of Lal Babu Rai R/O Village and P.O.-Karhan, P.S.-Kesariya, District-East Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Manoj Kumar 1 (App) Mr. Pramod Kumar Singh Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-05-2016 Heard Sri Virendra Kuar, learned counsel for the petitioner, Sri Manoj Kumar-I, learned Addl. Public Prosecutor and Sri Pramod Kumar Singh, learned counsel assisted by Sri Rajesh Kumar, learned counsel for the informant/opp. party no. 2. Sri Singh, learned counsel for the informant submits that there is no apparent error in the order impugned, whereby discharge petition has been rejected. He submits that the petitioner was the husband of the deceased and the case was instituted for offence under Section 304(B) of the Indian Penal Code, however; after investigation, police submitted chargesheet under Section 306 of the Indian Penal Code and at the stage of charge, petition

Patna High Court Cr.Misc. No.40544 of 2013 (4) dt.17-05-2016 2/2 was filed for discharge. He submits that there is sufficient material showing involvement of the petitioner.

I have also perused the impugned order. After going through the same, I do not find any apparent error warranting interference.

Accordingly, the petition stands dismissed.

In view of dismissal of this petition, interim order of stay dated 23-10-2013 stands automatically vacated. (Rakesh Kumar, J.) Anay U T