Bhuti Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 46206 of 2014 Arising out of P.S. Case No. -61 Year- 2013 Thana -LADANIA District- MADHUBANI ========================================================
1. Bhuti Devi, Wife of Laxmi Pandit.
2. Sita Devi, Wife of Surya Narayan Pandit, Both Resident of VillageGaddha, P.S.-Ladaniya, District-Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Dhanbir Pandit, S/o Late Khusi Lal Pandit, Resident of VillageGaddh, P.S.-Ladaniya, District-Madhubani. .... .... Opposite Party/s ======================================================== Appearance :
For the Petitioner/s : Mr. Prabhakar Singh, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 16-07-2015 The Petitioners seek quashing of the entire proceeding including the order of non-discharge dated 22.09.2014 passed by the Additional Sessions Judge-V, Madhubani in S.Tr. No. 730 of 2013 arising out of Ladaniya P.S. Case No. 61 of 2013.
The case of the Informant is that his eight months old child was sleeping outside the hut and thereafter disappeared. When they started looking for him they found the dead body in a pond. He suspected that the Petitioners and other accused persons had killed the child for reasons of land dispute.
The Petitioners submit that there is complete paucity of any material to justify putting the Petitioner on
Patna High Court Cr.Misc. No.46206 of 2014 dt.16-07-2015 trial. For this reason, the case diary was called for. With the assistance of the learned APP, this Court finds that apart from hearsay witnesses who express speculation that the child may have been murdered for reasons of land dispute there is nothing cogent against any accused persons.
Notices had been issued to the Opposite Party No. 2 but despite service of notice she has chosen not to appear before this Court.
Considering that the materials on record are not capable of being proved and hence trial would be a nullity, the present prosecution deserves to be set aside. Hence, the entire proceeding as against all the accused persons including the order of non-discharge dated 22.09.2014 passed by the Additional Sessions Judge-V, Madhubani in S.Tr. No. 730 of 2013 arising out of Ladaniya P.S. Case No. 61 of 2013is, hereby, set aside. The application stands allowed.
Vikash/- (Anjana Prakash, J.) U T