Patna High CourtCR. MISC./49522/2012dismissed

Sikandra Chauhan And ORS v. State Of Bihar And ANR

2015-05-19Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49522 of 2012 ======================================================

1. Sikandra Chauhan, S/O Musafir Jamadar

2. Musafir Jamadar @ Musafir (Kanu) Chauhan S/O Late Budha Chauhan

3. Pano Devin W/O Musfair Jamadar All are Resident Of Village Babhnauli, P.S- Nardiganj, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Krishna Deo Chauhan, S/O Chhanu Chauhan, R/O Gudhu Lok Jungle Beldari, P.S- Nagar Thana, Distt- Nawada.

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

For the Petitioner/s : Mrs. Maruti Kumari Mr.Ravindra Prasad Singh For the Opposite Party/s : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-05-2015 The petitioners have filed the present application under Section 482 Cr.P.C. for quashing the order dated 08.10.2012 passed in Session Trial No.180 of 2012/41 of 2012 by the learned 1st Additional Sessions Judge, Nawadah, whereby the prayer made on behalf of the petitioners for their discharge has been rejected. The learned trial court has come to a conclusion that there are sufficient materials against the petitioner no.1 Sikandra Chauhan for framing charge under Section 376 I.P.C. as he is alleged to have repeatedly committed the crime of rape with the victim. So far the other accused persons are concerned, the learned trial court has come to a conclusion that there are sufficient materials for framing charge against them under Section 3/4 of the Dowry Prohibition Act.

In view of the materials available on record and the findings recorded by the learned trial court, this Court does not find any good ground to interfere with the impugned order dated

Patna High Court Cr.Misc. No.49522 of 2012 (3) dt.19-05-2015 08.10.2012 passed in Session Trial No.180 of 2012/41 of 2012 by the learned 1st Additional Sessions Judge, Nawadah.

Consequently, the present application stands dismissed. However, the petitioners shall be at liberty to raise all the issues, which have been raised in the present application during the course of the trial.

(Birendra Prasad Verma, J) Arvind/- U T