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Patna High CourtCR. MISC./65173/2022dismissed

Md. Sahim v. The State Of Bihar

2023-05-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65173 of 2022 Arising Out of PS. Case No.-7 Year-2021 Thana- KESARIA District- East Champaran ====================================================== Md. Sahim S/O Samsuddin Miyan, Resident of village- Dilawarpur, P.S.- Kesariya, District- East Champaran.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Manjur Alam S/O Late Md. Ishak Miyan Resident Of Village- Dilawarpur, P.S.- Kesariya, District- East Champaran.

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

For the Petitioner :

Mr. Shashi Bhushan Pandey, Advocate For the Opposite Parties :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for quashing of the order dated 17.08.2022 passed by learned 19th Additional Sessions Judge, East Champaran, Motihari, in Sessions Trial No.562 of 2022, arising out of Kesariya P.S. Case No. 07 of 2021, by which the learned Court below has dismissed the petition filed by the petitioner under Section 227 of the Cr.P.C. As per the F.I.R., the petitioner and other accused persons entered into the house of the informant and assaulted the mother of the informant. As a result of which, she sustained serious injuries and ultimately died in course of treatment.

Patna High Court CR. MISC. No.65173 of 2022(2) dt.11-05-2023 2/2 From the record, it appears that strong prima facie case is made out against the petitioner for trail. Hence, I do not find any error in the impugned order by which the learned Court below has dismissed the discharge petition filed by the petitioner.

Considering the aforesaid facts and also the law laid down by the Hon'ble Supreme Court in the case of State of Bihar vs. Ramesh Singh reported in (1977) 4 SCC 39, this application is dismissed.

(Sandeep Kumar, J) pawan/- U T