Patna High CourtCR. MISC./9440/2016disposed

Chhabila Yadav v. The State Of Bihar And ORS

2016-07-29Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.9440 of 2016 (02) dt.29-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9440 of 2016 Arising Out of PS.Case No. -145 Year- 2014 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chhabila Yadav, S/o Late Bipat Yadav, resident of Village- Motipur, P.S.- Bairiya, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sipahi Gaddi, S/o Late Algu Gaddi.

3. Aslam Gaddi

4. Aas Mohammad Gaddi Sons of Sipahi Gaddi All resident of VillageMotipur, P.S- Bairiya, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Nath Jha--Advocate For the Opposite Party/s : Mr. U.S.P.Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 29-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner is aggrieved by an order dated 10.12.2015 whereby and whereunder the learned lower court had opined presence of an offence punishable under Section 304/ 34 of the I.P.C., rejecting the prayer of the accused persons under Section 227 of the Cr.P.C.

Petitioner is the informant. The main grievance as has been perceived after hearing submission made on behalf of the petitioner is that the charge should have been framed under Section 302 I.P.C. instead of Section 304 I.P.C.

Patna High Court Cr.Misc. No.9440 of 2016 (02) dt.29-07-2016 Mere observing at the present stage that a case under Section 304/34 of the I.P.C. is made out, is not going to blur the fate of the prosecution. Section 216 of the Cr.P.C. is there to rescue, in case prosecution succeeds in substantiating the allegation which, the Court will consider at an appropriate stage, if so prayed.

With the aforesaid observation, instant petition is disposed of.

(Aditya Kumar Trivedi, J) Vikash/- U T