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Patna High CourtCR. MISC./16663/2015dismissed

Rohit Kumar Jha @ Rohit Kumar Mishra v. The State Of Bihar

2015-05-21Justice Smt. Anjana Prakash1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16663 of 2015 Arising Out of Bihpur P.S. Case No. -8 Year- 2012 Thana -BIHPUR District- BHAGALPUR =========================================================== Rohit Kumar Jha @ Rohit Kumar Mishra Son of Shekhar Mishra Resident of village - Nav Toliya, P.S. Bihpur ( Bhawanipur ) District - Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the State : Dr. Kumar Uday Pratap, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 21-05-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 13.3.2015 by which the second Additional Sessions Judge, Naugachia, Distt. Bhagalpur, has refused to discharge the Petitioner in Sessions Trial No. 907 of 2012 arising out of Bihpur P.S. Case No. 8 of 2012.

The Petitioner submits that since he is a distant relative, he should not be charged under Section 304B Indian Penal Code as also since his relation has not been specified. Since Section 304B Indian Penal Code does not specify the degree of relationship, I see no merits in the application, the same is dismissed.

(Anjana Prakash, J) S.Ali/- U T