Bidurjee Jha And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21266 of 2013 Arising Out of Complaint Case No. -2093 Year- 2009 District- BHAGALPUR ======================================================
1. Bidurjee Jha S/O Kriti Nath Jha
2. Nimai Chandra Jha @ Ganni Jha S/O Bidurjee Jha
3. Ajir Bihari Jha S/O Bidurjee Jha
4. Riseb Jha @ Nahain Jha S/O Bidurjee Jha
5. Anand Kumar Sandilya @ Chunnu Jha @ Anant Kumar Sandilya S/O Dhirendra Nath Jha
6. Sonu Jha S/O Deva Nand Jha All resident Of Village- Brahman Tola, Sabour, P.S.- Sabour, DistrictBhagalpur .... .... Petitioners
Versus
1. The State Of Bihar
2. Shashank Kumar Jha, (Advocate) son of late Dhirendra Nath Jha, resident of village- Brahman Tola, Sabour, P.S.- Sabour, District- Bhagalpur. .... .... Opposite Parties.
====================================================== Appearance :
For the Petitioner/s : Mr. Braj Nandan Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-07-2015 Heard learned counsel for the petitioners, learned counsel representing opposite party no. 2 as well as learned Additional Public Prosecutor.
During the course of argument, it has been pleaded on behalf of petitioners that after institution of a case at their behest, complainant who happens to be an advocate got this case filed after three days, which was sent to local police under Section 156(3) of Cr.P.C. who ultimately concluded in submission of final form. However, the case proceeded on the basis of protest petition
Patna High Court Cr.Misc. No.21266 of 2013 (3) dt.21-07-2015 2/2 whereupon, the order impugned has been passed by the learned lower Court directing the petitioners to face trial for an offence punishable under Sections 323/379/448/504/34 of the Indian Penal Code.
This be a good ground for the purpose of trial which the petitioner could avail during course of trial. But for the present, only a prima facie case has to be seen and that is found duly substantiated on the record.
With the aforesaid observation, the instant petition is disposed of.
(Aditya Kumar Trivedi, J) Kanchan/- U T