Anita Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43671 of 2014 Arising Out of PS.Case No. -130 Year- 2001 Thana -SAHARSA District- SAHARSA ====================================================== Anita Jha Wife of Rama Jha Resident of Village - Chainpur, P.S.- Bangaon, Distt. - Saharsa, At Present Residing at Batraha, Ward No. 2, P.S. & Distt. - Saharsa.

.... .... Petitioner

Versus

1. The State of Bihar

2. Rajiv Jha Son of Kritinath Jha Resident of Mohalla - Krishna Nagar, Batraha, P.S. - Saharsa, Distt. - Saharsa.

3. Nilam Jha W/o - Kirtinath Jha Resident of Mohalla - Krishna Nagar, Batraha, P.S. - Saharsa, Distt. - Saharsa.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar Jha For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-10-2017 Heard learned Counsel for the petitioner as well as the learned Counsel appearing for the State.

The petitioner seeks setting aside of order dated 5.6.2014 passed by the Adhoc Additional Sessions Judge, Saharsa, whereby the accused persons of the case, O.P. Nos. 2 and 3, were discharged from Section 307 of the IPC.

Learned Counsel for the petitioner submits that though the injury is stated to be simple in nature but as a consequence of the injury she received, she was admitted in PMCH for several days and the report was filed with the protest petition. However, on perusal of the impugned order itself as well as considering the facts of the case, this Court finds that there is no

Patna High Court Cr.Misc. No.43671 of 2014 (2) dt.09-10-2017 sufficient material for framing of the charge under Section 307 of the IPC against the accused persons. I do not find any illegality or infirmity in the impugned order for setting it aside. Finding no merit in this application, it is dismissed. (Arun Kumar, J.) Snkumar/- U