Md. Israil And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1503 of 2016 Arising Out of PS.Case No. -180 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================
1. Md. Israil, Son of Lat Abdul Jabbar
2. Raunaq Parween @ Baby Khatoon, Wife of Md. Israil
3. Meraj Alam, Son of Md. Israil All are Resident of Village- Bhawanipur, P.S.- Maniyari, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar null null
2. Raqiba Khatoon, Wife of Md, Saghir, resident of Village- Shahpur Junaid, P.S.- Sakra, District- Muzaffarpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-09-2018 Heard the learned counsel for the petitioners as well as the State.
The present petition has been filed against order dated 01.10.2015 passed by learned Additional District & Sessions Judge XIth, Muzaffarpur in S.Tr. No. 154/2015, arising out of Sakra P.S. Case No. 180/2014, whereby discharge petition of petitioners filed under Section 227 of the Cr.P.C. has been rejected. Learned counsel for the petitioners has submitted that there is no material against petitioners. He has submitted that death occurred due to suicide. There is no allegation of any specific overt act against these petitioners.
The court below in the impugned order has mentioned
Patna High Court Cr.Misc. No.1503 of 2016 (4) dt.10-09-2018 2/2 various paragraphs of case diary showing that there are sufficient materials for framing of charge against petitioners. The police has after investigation submitted charge-sheet in the case against petitioners for offence under Section 304B/34 of the Indian Penal Code.
In view of such, this Court does not find any illegality in the impugned order.
Accordingly, the Cr. Misc. petition is dismissed. The court below is directed to proceed with the case in accordance with law without being prejudiced by this order. (Sanjay Priya, J.) Rakhi U T