Patna High CourtCR. REV./846/2017dismissed

Hema Singh @ Hemanti Singh v. The State Of Bihar

2017-10-06Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.846 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN =========================================================== Hema Singh @ Hemanti Singh, Wife of Brajesh Kumar Singh, resident of Mohalla Rajendra Sarowar, Power House Colony, P.S. Chapra Town, District Saran .... .... Petitioner

Versus

The State of Bihar .... .... Respondent =========================================================== Appearance :

For the Petitioner :

Mr. Ujjwal Kumar Mishra, Advocate Mr. Dhirendra Kumar, Advocate For the State :

Mr. Rajballabh Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 06-10-2017 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.

2. This criminal revision application is directed against order dated 14.06.2017, passed by learned Additional Sessions JudgeII, Saran, Chapra in Sessions Case No.172 of 2017, arising out of Bhagwan Bazar P.S. Case No.56 of 2016 whereby the petition filed under Section 228 Cr.P.C. has been rejected.

3. Learned counsel for the petitioner submits that no prima facie case under Section 302 of the Indian Penal Code is made out rather it is a case under Section 304(A) of the Indian Penal Code whereas the learned Additional Public Prosecutor appearing on behalf of the State submits that there is allegation that all accused persons assaulted on the head of the deceased with cricket wicket causing his

Patna High Court CR. REV. No.846 of 2017 dt.06-10-2017 2 /2 death.

4. Having considered the rival submissions of both sides and on perusal of the records, this Court does not find any illegality in the impugned order. A prima facie case under Section 302 of the Indian Penal Code is made out and not under Section 304(A) of the Indian Penal Code.

5. In the result, the criminal revision application stands dismissed.

(Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.10.2017 Transmission Date 10.10.2017