Satyadeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50107 of 2013 Arising Out of PS.Case No. -431 Year- 2009 Thana -SAKRA District- MUZAFFARPUR ====================================================== Satyadeo Prasad, son of Late Shivnandan Prasad, resident of VillageDharamgatpur, (Gokul), P.S.-Sakra, District-Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-07-2016 Heard Sri Sunil Kumar no.III, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

The sole petitioner, invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, has approached this Court with a prayer to quash an order dated 27.09.2013 passed by learned Adhoc Addl. Sessions Judge 1st , Muzaffarpur in Sessions Trial No.510 of 2012 arising out of Sakra P.S. Case No.431 of 2009 registered for the offence under Section 304B, 201/34 of the Indian Penal Code. By the said order, the learned court below has rejected the discharge petition filed under Section 227 of the Code of Criminal Procedure. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.50107 of 2013 (3) dt.19-07-2016 2/2 death of the victim has occurred due to snake bite, however, a colour of poisoning was given. On this very ground, he has made a prayer for quashing the impugned order.

Learned Addl. Public Prosecutor, by way of referring to F.I.R. itself, submits that in the F.I.R. there is specific accusation against the petitioner and others regarding torture and demand of dowry.

In view of facts and circumstances, I do not find any ground to interfere with the impugned order. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U