Babita Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43187 of 2015 Arising Out of PS. Case No.-85 Year-2013 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Babita Devi Wife of Shiv Shankar Sao.

2.

Dharmendra Kumar, Son of Dasrath Sao. Both are resident of MohallaChattipar, Khusrupur, Police Station- Khusrupur in the district of Patna. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Hiralal Sao, Son of Late Ramdhani Sao, resident of Bullachak, Police Station- Barbigha in the district of Sheikhpura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Opposite Party/s :

Mr.Pradeep Narayan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

This application has been filed for quashing of order dated 19.08.2015 passed by learned Addl. District & Sessions Judge-V, Patna City in connection with Khusrupur P.S. Case No. 85 of 2013 by which the discharge petition filed by the petitioneers has been rejected by the court below. The prosecution case in brief is that the informant's daughter was married with petitioner no. 2 and after some day of marriage, all accused persons started torturing the informant's daughter and started demanding Rs. 2,00,000/- (Rupees Two Lakhs Only) cash and one motorcycle. On 17.10.2013 the

Patna High Court CR. MISC. No.43187 of 2015(2) dt.22-03-2023 2/2 informant suddenly reached at house of his daughter but his daughter was not there and after query from neighbours he came to know that her daughter was killed on 16.10.2013 by accused persons.

The court below after considering all the materials available on record has passed a detailed order finding strong prima facie case against the petitioners.

Considering the aforesaid facts as well as the law laid down by the Hon'ble Supreme Court in case of State of Bihar Vs Ramesh Singh reported in 1977 SCC 439 and R. Soundirarasu Vs State of Karnatka through D.S.P. reported in 2022 4 PLJR 4 SC, this application is dismissed. (Sandeep Kumar, J) Harsh/ U