Geeta Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29290 of 2017 Arising Out of PS. Case No.-34 Year-2014 Thana- NABINAGAR District- Aurangabad ======================================================

1. Geeta Devi Wife of Shiv Kumar Chandrabanshi

2. Shiv Kumar Chandrabanshi Son of Kapildeo Chandrabanshi both Resident of Village- Sonbarsa, P.S. Nobinagar, Districtj - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Leelawati Kumari For the Opposite Party/s :

Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-08-2018 The petitioners seek quashing of the order dated 06.11.2014 passed by the learned Additional Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 34 of 2014 whereby cognizance has been taken against the petitioners under Sections 302/34 of the Indian Penal Code.

A case was lodged by the local Chowkidar alleging that a 65-70 years aged unknown person was killed at the instance of the petitioners and about 40-45 other villagers on the presumption that the deceased had entered the house of the petitioners for committing theft. The post-mortem report reveals that the death was because of the injuries suffered by him caused by hard and blunt substance. The dead body was found

Patna High Court Cr.Misc. No.29290 of 2017(2) dt.27-08-2018 2/2 outside the house of the petitioners.

This Court is not inclined to interfere with the order taking cognizance.

The petition is dismissed.

However, the petitioners shall have the liberty to agitate the grounds raised in this petition at the appropriate stage, if so advised.

(Ashutosh Kumar, J) krishna/- U T