Bharat Kumar Rai And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34929 of 2013 Arising Out of PS.Case No. -113 Year- 2003 Thana -BAHERI District- DARBHANGA ======================================================

1. Bharat Kumar Rai , son of Manikant Rai

2. Chhotu @ Kaushal Kishore Jha, son of Shivkant Jha Both are residents of village Bithauli, P.S. Baheri, District Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bhawan Rai, son of Late Shiv Shankar Rai, resident of village Bithauli, P.S. baheri, District Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-05-2016 Heard Sri Suraj Narain Yadav, learned counsel for the petitioners and Sri Lalan Kumar, learned A.P.P. Two petitioners, have invoked inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 10.12.2012 passed by learned Ad-hoc Additional Sessions Judge- III , Darbhanga against the order of framing of charge. It has been pleaded that no offence under section 394 and 307 of the Indian Penal Code is made out.

Keeping in view the fact that after framing of charge trial commences, it would not be advisable for this court to

Patna High Court Cr.Misc. No.34929 of 2013 (2) dt.10-05-2016 2/2 examine the evidence. I do not find any ground for interference with the impugned order.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T