Pankaj Kumar Karak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46125 of 2018 Arising Out of PS. Case No.-11 Year-2014 Thana- BABUBARHI District- Madhubani ====================================================== Pankaj Kumar Karak S/o Laxmi Karak, R/o Vill. Bhatchaura, P.S.- Babubarhi, District- Madhubani.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Krishna Kumar Karak S/o Saryug Karak, R/o Vill.- Matchaura, P.S.- Babubarhi, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. By the impugned order dated 15-05-2018, petition for discharge of petitioner filed under Section 227/228 of the Cr.P.C. has been rejected by the court below.

3. Learned court below has mentioned in the order that the injured suffered fracture injury on his head which is a vital part of the body. The injured was, initially, admitted to PHC, Khajauli and thereafter, he was referred to DMCH, Laheriasarai, Darbhanga.

4. Learned counsel for the petitioner has submitted that only one injury was found on the vital part of the injured.

Patna High Court CR. MISC. No.46125 of 2018(2) dt.24-04-2024 2/2 As such, it cannot be gathered that the intention of the accused persons was to kill the injured. Hence no case for the offence under Section-307 of the IPC is made out.

5. Having heard learned counsel for the petitioner and the state, I am of the view that the learned court below did not commit any illegality in framing the charge under Section-307 and allied sections of the IPC.

6. Accordingly, this Cr. Misc. Application is dismissed.

(Nawneet Kumar Pandey, J) A.K.V.//- U T