Amish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2653 of 2016 Arising Out of PS.Case No. -55 Year- 2011 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) =========================================================== Amish Kumar Singh, S/o Parashuram Singh, R/o Village- Dhawan, P.S.- Bikramganj, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Singh, Advocate For the Opposite Party/s : Mr. APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 12-09-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 07.08.2015 passed by the Additional Sessions Judge, V, Rohtas at Sasaram, in Sessions Trial No. No.437 of 2013/Computer No.4071 of 2013 arising out of Bikramganj P.S. Case No.55 of 2011 by which the Court below has dismissed the petition filed on behalf of the Petitioner under Section 227 Cr. P.C. for his discharge. Heard counsel for the parties.

Petitioner is husband of the deceased. He is named in the written report.

There is allegation against this petitioner in the written report that he committed torture with the deceased after marriage for

Patna High Court Cr.Misc. No.2653 of 2016 dt.12-09-2018 2/2 demand of dowry. It is also alleged that deceased was found dead in the house and the petitioner was absconding. It is also alleged that daughter of the informant used to tell that her husband and other family members used to subject her to cruelty for demand of dowry. The informant went to Sasural of his daughter and found the house locked. On inquiry, it was revealed that accused persons have committed murder of his daughter.

The police after investigation has submitted chargesheet in the case. The Court below on the basis of the allegation in the written report and the materials available in the case diary has found sufficient material to frame charge in the case against the petitioner.

In view of such, this Court does not find any illegality in the impugned order passed by the Court below. This application is, accordingly, dismissed.

The Court below will proceed with trial in accordance with law.

(Sanjay Priya, J) J.Alam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 15-09-2018 Transmission Date 15-09-2018