Brajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17681 of 2016 Arising Out of PS. Case No.-359 Year-2014 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Brajesh Kumar son of Suresh Singh @ Suresh Prasad resident of village Hathiyara P.S. Deokund Dist. Aurangabad ... ... Petitioner/s

Versus

1. State Of Bihar

2. Maya Kumari D/o late Arjun Prasad, R/o village Kamalpur, P.S.Belaganj, Dist. Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh For the Opposite Party/s :

Mr. Ajay Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and the State. This petition under Section 482 Cr. P.C. has been filed for quashing the order dated 5.1.2015 passed by JM 1st Class, Gaya in Misc. Case no. 225/14, C.R. 359/14 by which learned Magistrate has after holding enquiry found prima facie case against the petitioner for the offence under Sections 323, 498A and 504 of the IPC.

Notice was issued to opposite party no.2 who has appeared through lawyer.

By the impugned order the learned Court below has found prima facie case against this petitioner, who is husband of the complainant, under Sections 323, 498A and 504 of the

Patna High Court Cr.Misc. No.17681 of 2016(5) dt.21-08-2018 2/2 Indian Penal Code after holding enquiry under Section 202 of the Cr.P .C.

This Court after looking into the allegation in the complaint petition and the impugned order does not find any illegality. This Cr. Misc. petition is, accordingly, dismissed. The Court below will proceed with the case in accordance with law.

(Sanjay Priya, J) shyambihari/- U T