Ajay Singh @ Ajay Chandrabanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44858 of 2013 ====================================================== Ajay Singh @ Ajay Chandrabanshi Son Of Kallu Singh Resident Of Village- Pantit, P.S.- Kurtha, District- Arwal .... .... Petitioner/s
Versus
The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.45157 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- JEHANABAD ====================================================== Ram Akwal Yadav Son of Ram Prasad Yadav Resident Of Village Seva Bigha, P.S. Kurtha, District Arwal.
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Shiv Pujan Singh Son Of Late Mahadeo Singh Resident Of Village Kolh Seva Bigha, P.S. Kurtha, District Arwal.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.44858 of 2013) For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. N.N.Tiwary(App) (In Cr.Misc. No.45157 of 2013) For the Petitioner/s : Mr. Indu Shekhar Dwivedi For the Opposite Party/s : Mrs. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-07-2016 In both the petitions petitioners are aggrieved with one common order i.e. the order dated 19.9.2013 passed by learned Sessions Judge, Jehanabad in Session Trial No. 354 of 2013 arising out of Kurtha P.S. Case No. 7 of 2009 registered for the offence under section 376/ 302/380/ 201 of the Indian Penal
Patna High Court Cr.Misc. No.44858 of 2013 (3) dt.01-07-2016 2/2 Code. By the said order petition filed under section 227 of the Cr.P.C. on behalf of the petitioners was rejected. From perusal of the order sheet it appears that charge has already been framed and thereafter this order was passed.
Learned counsel for the petitioners submits that only on suspicion petitioners have been made accused. So far 1st case i.e. Cr. Misc. No. 44858 of 2013 is concerned, submission was made that only material against the petitioner is that his name had come on the evidence of sniffer dog and as such prayer has been made for discharging the petitioners.
In both the cases Sri Shyam Bihari Singh, learned A.P.P. submits that it is a case of brutal murder of a lady after committing rape.
Be that as it may, I have perused the material available on record. I do not find any ground for interference. Both the petitions stand dismissed.
(Rakesh Kumar, J) Praful/- U T