Most. Surat Devi @ Smt. Surat Singh And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36552 of 2012 ======================================================
1. Most. Surat Devi @ Smt. Surat Singh W/O Late Sheopujan Singh, Resident of Village Paratappur, P.S -Avtar Nagar, District -Saran (Chapra)
2. Barajesh Kumar S/0 Late Sheoujan Singh, Resident of Village Paratappur, P.S -Avtar Nagar, District -Saran (Chapra)
3. Dr. Rajesh Kumar S/O Late Sheopujan Singh, Resident of Mohalla Sharda Nagar Kanhauli, P.S- Mithanpura, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Prof. Umashankar Prasad Sinha Son of Late Bijli Prasad Singh Resident of Mohhal Banaras Bank Chowk, P.S Town, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-04-2015 The petitioner are aggrieved by the order dated 08.05.2012 passed by the learned S.D.J.M. (West), Muzaffarpur in G.R. No. 2713 of 2008/ Trial No. 1960 of 2012, whereby the prayer made on behalf of the petitioners for their discharge from the criminal prosecution under Section 498A of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act has been rejected.
The petitioner no.3 is the husband of the victim. The petitioner no.2 is the younger brother of the petitioner no.3 and the petitioner no.1 is mother-in-law of the victim. By the impugned order dated 08.05.2012 their prayer for discharge has been rejected after considering the materials available on record. Learned court below, by referring to the different paragraphs of the case diary, has come to the conclusion that there are sufficient materials for framing charge against these petitioners.
In above view of the matter, this Court does not find any
Patna High Court Cr.Misc. No.36552 of 2012 (3) dt.09-04-2015 2/2 good ground to interfere with the impugned order dated 08.05.2012 passed by the learned S.D.J.M. (West) Muzaffarpur. Accordingly, the petition stands dismissed. However, the petitioners shall be at liberty to raise all the issues during the course of trial.
(Birendra Prasad Verma, J) BTiwary/- U T