Kunal Kumar @ Kunal Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45510 of 2014 Arising Out of PS.Case No. -42 Year- 2013 Thana -ASARGANJ District- MUNGER =========================================================== Kunal Kumar @ Kunal Kumar Choudhary Son of Deo nandan Choudhary Resident of Village - Lakhanpur, P.S. tarapur, Dist.-Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashwani Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, Special P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 15-09-2017 Heard Shri Ashwani Kumar Sinha, learned counsel for the petitioner.

2. The petitioner has challenged the order dated 18.10.2014 passed by the learned Special Judge (S.C./S.T.) Act-cum-Additional Sessions Judge- 1st, Munger, whereby and whereunder the prayer of the petitioner for discharge, has been rejected. 3.The informant had lodged an FIR bearing Asarganj P.S. Case No. 42 of 2013 under sections 364, 302, 201 and 34 of the Indian Penal Code, inter alia, stating therein that her husband has been killed and his dead body has been disappeared by the accused persons.

4. The Police after making full investigation of the case filed the charge sheet against various accused persons including the

Patna High Court Cr.Misc. No.45510 of 2014 dt.15-09-2017 2/2 petitioner herein finding out a prima facie case against the petitioner. After filing of the charge sheet, the learned trial court had taken cognizance against the petitioner herein. Thereafter the petitioner had filed a petition for discharge under Section 227 of the Criminal Procedure Code which has been dismissed.

5. I find from perusal of the records that only after filing of the charge sheet, the learned trial court has taken cognizance and by an order dated 18.10.2014, the learned trial court has rightly rejected the prayer of petitioner for discharge especially on account of the fact that such type of matters require full-fledged trial.

6. I find no infirmity in the order dated 18.10.2014 passed by the learned trial court. Accordingly, the present petition is dismissed.

7. However, in view of the facts and circumstances of the present case, I deem it fit and proper to direct the trial court to complete the trial within a period of six months. (Mohit Kumar Shah, J) S.Sb/- AFR/NAFR CAV DATE Uploading Date Transmission Date