Shiv Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47871 of 2021 Arising Out of PS. Case No.-264 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Shiv Shankar Prasad Son of Rajendra Prasad Resident of Village - Pipra Khurd, P.s.- Akbarpur, Distt.- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravinandan Kumar @ Ramanand Son of Rajendra Prasad Resident of Village - Pipra Khurd, P.s.- Akbarpur, Distt.- Nawada. 3.

Raj Kumar Prasad @ Raj Kumar Mahto Son ofJitan Mahto Resident of Village - Pipra Khurd, P.s.- Akbarpur, Distt.- Nawada. 4.

Ramotar @ Ramauvtar Prasad Son of Jitan Mahto Resident of Village - Pipra Khurd, P.s.- Akbarpur, Distt.- Nawada.

5.

Mukesh @ Mukesh Kumar Son of Mohan Prasad Resident of Village - Pipra Khurd, P.s.- Akbarpur, Distt.- Nawada.

6.

Jitan Mahto Son of Mohan Prasad Resident of Village - Pipra Khurd, P.s.- Akbarpur, Distt.- Nawada.

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr.Pramod Kumar Verma, Advocate For the State :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-03-2025 Heard the parties.

2. The present application has been filed for quashing the order dated 15.03.2021 in connection with S. Tr. No. 55/21 arising out of Akbarpur P.S. Case No. 264/2019 by which the Additional District & Sessions Judge-VII, Nawada has not framed charges under section 308 of the Indian Penal Code against the Opposite Parties No. 2 to 6.

3. The prayer of the petitioner is that despite the

Patna High Court CR. MISC. No.47871 of 2021(3) dt.20-03-2025 2/2 victim being injured, no charge has been framed by the Court below under Section 308 of the Indian Penal Code.

4. In view of the above, this application is disposed of with liberty to the petitioner to file an application for alteration of charge at an appropriate stage.

5. If such an application is filed, the Court below will consider the same in accordance with law and considering the injury sustained by the victim.

(Sandeep Kumar, J) P. Kumar U T